All Topics / Help Needed! / How to avoid a kick in the teeth

Viewing 15 posts - 1 through 15 (of 15 total)
  • Profile photo of WanderwomanWanderwoman
    Member
    @wanderwoman
    Join Date: 2010
    Post Count: 9

    Not actually Help Needed more advice given from recent bitter experience that might just be a timely reminder to others that human nature can be pretty base.  Take photos of every square inch of the property!  I bought a property last December, settled in early January, and agreed to give the vendors rent free until May 1st, which meant I was paying rates & water.  I had taken a $2000 bond from them in case I couldn't get them out (they are building), and had done an entry report, but on handover last weekend I signed release of the bond, though I was disappointed they had done a bad job of repairing a wall as agreed on settlement, and was confronted on just how many hooks, nails, double sided tape on walls had not been evident with all their furniture etc in situ previously.  I guess I sympathised too much with their moan about the building process taking time and felt I had helped them with the rent free period.  Imagine my amazement the next day to discover that all three of the Villeroy & Boch toilets have had their seats/lids replaced with $23 ones from the local hardware!  My fault for not photographing everything so I can now prove these are different to what existed when I bought, and what does it matter now that I have released their bond.  I bet $1M that they have Villeroy & Boch in their new home!  They left two big pots at my property requesting they pick them up in a month … do I lock the gate and tell them I keep the pots as compensation for their dishonesty?  Or do I accept the slap on the face for trusting mankind, and leave it to karma?

    Profile photo of Jamie MooreJamie Moore
    Participant
    @jamie-m
    Join Date: 2010
    Post Count: 5,069

    Hi Wanderwoman

    It sucks and I share your frustration – I’ve been there before (although I’ve never had a toilet seat nicked).

    You’re absolutely right though – everything must be documented and with today’s phones it’s easy to zip around an IP and take a heap of shots.

    Cheers

    Jamie

    Jamie Moore | Pass Go Home Loans Pty Ltd
    http://www.passgo.com.au
    Email Me | Phone Me

    Mortgage Broker assisting clients Australia wide Email: [email protected]

    Profile photo of landt64landt64
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    @landt64
    Join Date: 2004
    Post Count: 166

    Hi Wanderwomen,
    why not confront them about the toilet seats and see what they say?

    Profile photo of RenoTeamRenoTeam
    Member
    @renoteam
    Join Date: 2011
    Post Count: 92

    We take videos as well as photos :) I;m now wondering what the toilet seat replacement will cost… and you’re so right, they’re the last thing you’d check when inspecting! Yep lock the gates and ask for monies for the seats before handing over pots…. maybe you could sell the pots on ebay?

    Profile photo of TerrywTerryw
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    @terryw
    Join Date: 2001
    Post Count: 16,213

    What pots? They never left any pots did they?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of WanderwomanWanderwoman
    Member
    @wanderwoman
    Join Date: 2010
    Post Count: 9

    Many thanks all for ideas and support … I did ask what happened to the toilet seats and the response was "they broke" .. all three since 10 January … funny that!   For once I have decided to stand with my fists in the air, so fired off an email along the lines of they broke the conditions of the contract of sale by stripping the garden after settlement and not properly remediating the wall; under the lease agreeement as landlord I should have been advised if all 3 toilet seats/lids had broken and they should not have been replaced with inferior ones; consequently all agreements between us are at an end, all chattels at the property at the end of the lease are legally mine, and any intrusion on the property constitutes trespass.  I have changed locks, padlocked the gate.  It will be interesting to see the result.  Pots don't balance cost of replacement of garden and theft of toilet fittings, but I am fed up with mean spirited people.  Little old widowed lady I might be but I have come out of my corner this time, and sadly will be less inclined to be generous of spirit myself in future with rent free periods and my trust.  Thanks everyone again …  you stirred my courage!

    Profile photo of fredo_4305fredo_4305
    Participant
    @fredo_4305
    Join Date: 2009
    Post Count: 336

    I would use their “pots” as chamber pots for a week and then take it around to them. :)

    Profile photo of WanderwomanWanderwoman
    Member
    @wanderwoman
    Join Date: 2010
    Post Count: 9

    Love your comment fredo!  With mentoring like that who knows what I am capable of when my buttons are pressed!!

    Profile photo of pinkboypinkboy
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    @pinkboy
    Join Date: 2010
    Post Count: 49

    Take a hammer to the pots!!! 1. It will make you feel good; 2. When they come around to collect, you can claim ‘they broke’!

    ;-)

    pinkboy

    Profile photo of ALF1ALF1
    Participant
    @alf1
    Join Date: 2011
    Post Count: 237

    Hi Wanderwoman.
    If you can produce at least one other person, even a Real Estate Agent, to confirm the seats had indeed been changed, I would go to the police and make a claim of theft and that you can support this theft with a sworn or affirmed affidavit from yourself and at least one other witness. At the very least, make the report to the police yourself (without a witness) alleging the theft and they may well send the CIB around to the ex-vendors to investigate. Do not return the pots as it would be very difficult and costly for these idiots to actually prove they're theirs. Also, take photos of the pots so if they should mysteriously disappear one night you'll know who to call?

    Profile photo of RenoTeamRenoTeam
    Member
    @renoteam
    Join Date: 2011
    Post Count: 92

    Good to see you put your foot down Wanderwoman. Will have a wine to celebrate for you :)

    Profile photo of Jacqui MiddletonJacqui Middleton
    Participant
    @jacm
    Join Date: 2009
    Post Count: 2,539

    I take it they've moved to a fancy new place?  Get your solicitor to slap a caveat on the house so they can never sell it without your involvement.  Damn I'd do such a thing, just out of spite, to teach them a lesson.  What has happened to integrity, jeez.

    Jacqui Middleton | Middleton Buyers Advocates
    http://www.middletonbuyersadvocates.com.au
    Email Me | Phone Me

    VIC Buyers' Agents for investors, home buyers & SMSFs.

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    JacM wrote:
    I take it they've moved to a fancy new place?  Get your solicitor to slap a caveat on the house so they can never sell it without your involvement.  Damn I'd do such a thing, just out of spite, to teach them a lesson.  What has happened to integrity, jeez.

    There would be no basis for a caveat in most state (except maybe tasmania).

    Although I guess they could cliam an equitable interest in the place due to owning the toilet seats!

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of Jacqui MiddletonJacqui Middleton
    Participant
    @jacm
    Join Date: 2009
    Post Count: 2,539

    You're probably right Terry, you know your stuff!  I have to admit though, I'd be so annoyed about the principal of the thing, I'd try and find a way!!!! 

    Jacqui Middleton | Middleton Buyers Advocates
    http://www.middletonbuyersadvocates.com.au
    Email Me | Phone Me

    VIC Buyers' Agents for investors, home buyers & SMSFs.

    Profile photo of ducksterduckster
    Participant
    @duckster
    Join Date: 2004
    Post Count: 1,674

    A longer settlement time is the way to go next time. You get any property value increase and the purchase price stays the same.
    Have any item you value written in the terms of the contract .

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