After being stuffed around by the vendors of a property we have purchased and settles next week, I am keen to get into the property the day before settlement. They have refused to let potential tenants through and are getting their solicitors topush hard to have all advertising removed from the internet, newspapers etc. Can i legally gain access to the property prior to settlement to check that the furniture that has been removed has not caused any damage to the walls or floors? any help is much appreciated. cheers
tuggerI am sure you can access the property, with the agent of course, either the day before or day of settlement. It is your right to check that all is in order for settlement. As far as advertising pre settlement, I can't see that he can stop you… but they can stop access by future tenants, even with the agent. Why he'd want to is hard to comprehend!
Your solicitor/conveyancer and real estate agent should be able to advise you in this regard.quickchick
yeah its crap really.. they have refused to let us in and our conveyancer has agreed with them.. we have made it easier for them by buying the property at this difficult stage, the least they could do is help us out a bit. We might try and put in an independent advertisment in the paper with our phone number for this weekend and see how we go. thanks for your comments. cheers
tugger
not really sure what you are cranky about, apart from your expectations you have no rights to access the property apart from a final inspection prior to settlement. I can imagine the may be a bit upset that you are advertising something that they currently own and you dont , but its surprising that they would pursue it. If it is a difficult time given its a deceased estate, they may be cranky on their side that you are putting your commercial interests above their feelings. People arent always rationale at those times and the property may have a lot of emotional attachments for them.
good luck with the project once you get over these hurdles
As yarpos points out, you do not own the property until it settles, you have no legal rights over the property (not even a registered caveat). You will be permitted access for the inspection prior to settlement and if they were feeling generous to allow you to 'get quotes to do work' as soon as it settles – all in the company of the agent.
I recently knocked back an early access application myself – what risks are you expecting the vendor to bear (as you don't own the property or have a lease over it, I suspect that you wouldn't have taken out insurance or granted an indemnity to the vendor against any and all claims which may arise in the event that an invitee might injure themselves whilst on the premises).
It all depends on what is written into the contract. If an agreed condition of sale is early access then it must be granted, otherwise the sale can be renegotiated, no different to a poor pest inspection. If not a condition of sale then you really have no cause for complaint. We all live and learn.
Micki agree with people that i don't own the property, but shit, with a deposit and doing everything right by the vendor, the least they could do is help us out. There are the legal aspects of this but there are also the moral aspects, and i don't see why 1 party should try to make things difficult for the sake of legal loopholes. 1 party has the shits up and is deliberately trying to make the process as difficult as possible….
maybe the vendor is hiding something,
something you might find a problem with after spending extra time there.
have you had a building and pest inspection done?
frosty1
Might I suggest that one party is going by the letter of the law and the other party is chucking a wobbly because they can't get their own way. For goodness sake, what's the rush, if a couple of weeks vacancy is going to be that big a problem then you have either overextended on your borrowing capacity or you should not be investing in property.
Jon
tuggerwaugh,
I think you are wrong. Until the date of settlement, you can't do whatever you want.
If you buy property in the hot spot, you can always rent it out in ONE day after open inspection.
What a hassle!!!ofcourse you can't see the property, ofcourse you can't advertise before the place is yours.
The place is not yours until settlement. You are harrassing the current owners.
How obvious is it that you are the wrong one here , and not them ?They LIVE there.. You act like YOU live there ??
hang on…the property is vacant… we had spoken to all real estate peope concerned and had been given the go ahead to advertise by the vendor and their solicitor… then the vendor changes her mind… what have we done wrong. 3 IP and never experienced these problems.
Tugger,
This is their property until settlement and you have to repect their decision, whether you agree with it or not, early access is their decision to make. As far as the advertising goes, I'm sure if you advertised it saying that it's not available until after the date of settlement, then there shouldn't be a problem, you can just make up a waiting list of people to see it once the property becomes yours.
yeah we had it advertised and that it wouldnt be available till after settlement but they demanded we take down all advertising from the internet, shop front, and the papers…..
I guess check with your solicior and see if they can demand that you not advertise it, if they can, then unfortunately you have to cop it. If not, stand your ground and keep the ads running, it's not like they can pull out of the sale!
I'm sure you can advertise the place with the details, street and suburb and when available and what can anyone say. You haven't identified the exact property so they can complain as much as they like.
I'd be doing a very thorough inspection upon settlement, the very day and getting onto solicitors the same day if you discover any issues. We've certainly done pre settlement inspections before with no problem but the comments about the property not being yours until settlement is true. Hang in there and be prepared to get in as soon as you can to see if they are trying to hide anything.Mick
good on ya mick….. thanks for that… we are going to bypass our conveyancer and discuss this issue with the solicitor in charge of the law firm. We still are trying to figure out why exactly they don't want us to advertise and what legal right they have to say this. cheers
tugger
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