A buyer made me a private quickie deal which involved a fast settlement (20 to 30% below market value) of my late mom’s house. I need the money to settle her final affairs.
I have told their representative that the home was built over three decades ago and it was very obvious with the fixed yellowing appliances when they saw.
Made it very clear that it is ‘as is’, no warranty offered for permanent fixtures. It is in a livable condition. No structural damage. No termites. I even had it fumigated and professionally cleaned. Taps work. Electrical outlets work. No smashed drywalls. Just scuffing and scratches on the walls.
Never tried to hide from their representative, only pointed out that obvious things will need replacing (e.g the aged carpets) and for the sale to go ahead – they agree to take it as it is. No repairs, no fixing of anything, repaint the walls themselves.
Said I had absolutely no clue what works and what doesn’t. I didn’t live there.
The buyer signed the sales contract which stated the special clauses of them taking responsibility after pre-sale inspection. They are way past the cooling off period.
Now on the inspection week before the settlement, the buyer is demanding that I replace most of the fixtures and even part of the kitchen with NEW expensive things, and threatening me with legal action.
I just want to see if this lands me in court and if anyone has the any experience of how much pressure this will bring in regards to this issue – mom passed away and it was painful to see her home go.
I am not exactly in a good state of mind. Thanks.
demanding that I replace most of the fixtures and even part of the kitchen
Sounds like you need to talk to your solicitor and go over your contract to make sure you got the 'as is' unconditional clause in writing and what clauses they can beak contact and any penalties. Not knowing your situation I'd say they have picked up your urgency to sell and are testing there luck.
Ive never heard of requiring renovations prior to settlement, at most a sale pending an all clear from pest/building inspectors. If it fails the buying party can walk away or renegotiate.
Id certainly be getting them to either settle as is by xx date or break contract. Give an inch and they'll take a mile, next it will be the bathroom needs redoing. As to legal threats, sounds like a scare tactict.
The buyer is claiming that I ‘didn’t declare the work to be done.’
My lawyer told me to get their lawyer to talk to him. I think he said I was covered under the contract terms.
But the buyer is harassing me now. Saying that he wants to talk to me and not the lawyer.
It’s a bit much.
I can only repeat ‘my lawyer wants to talk to yours’ (as instructed) amidst the harassing phone calls when he got my number to arrange inspection.
It’s my first time selling. Never had any experience with selling anything in real estate.
It’s my first time selling. Never had any experience with selling anything on real estate.
Block their number. All correspondence should be through the lawyers.
If they refuse to settle, you can take their deposit and sell the place to someone else. The legal action are empty threats: it will cost far more in unrecoverable legal fee than the amount in question, on a hopeless case, AFTER settlement.
But the buyer is harassing me now. Saying that he wants to talk to me and not the lawyer.
Tough luck. He pulled the stunt of claiming all these things. It's time for a legal solution to be found between the lawyers rather than the individuals.
I think he said I was covered under the contract terms.
Hope so. After all he is the one that drafted the sales contract?
Don’t be intimidated by them, they are just pressuring you to take as much advantage as possible.
It won’t go to court or lawyers because they are trying it on.
Don’t answer them and let the lawyers speak.
They buy as is when they signed the contract, you have changed the house since so at settlement they must accept.
They are obliged to do their own building and pest inspection before signing, so you don’t need to worry.
Made it very clear that it is ‘as is’, no warranty offered for permanent fixtures. It is in a livable condition. No structural damage. No termites. I even had it fumigated and professionally cleaned. Taps work. Electrical outlets work. No smashed drywalls. Just scuffing and scratches on the walls
No big deal now, as they have signed and accepted, but you shouldnt of said so much, mainly don’t say No this No that, this work that doesn’t, because if you’re wrong then they may just come back to harass you. How do you know there’s no structural damage, you aren’t an engineer.
Hence the onus is on the buyer to do their own inspections a and make their own decisions about accepting the conditions that are identified.
the choices are to say "you threatened legal issues, everything now needs to go through my lawyer, talk to them" and hang up / block the number.
or to let them cancel the sales contract. Normally an easier way to deal with these, but seeing as the market is dropping with the increasing interest rate, I think the buyer's "20% below market" win is now looking like "market price" and is getting cold feet.
Either way, let the lawyer deal with it, at least if they want out, they can pay a canceling cost (ie: the deposit).
Made it very clear that it is ‘as is’, no warranty offered for permanent fixtures. It is in a livable condition. No structural damage. No termites. I even had it fumigated and professionally cleaned. Taps work. Electrical outlets work. No smashed drywalls. Just scuffing and scratches on the walls.
Never tried to hide from their representative, only pointed out that obvious things will need replacing (e.g the aged carpets) and for the sale to go ahead – they agree to take it as it is. No repairs, no fixing of anything, repaint the walls themselves.
You did not need to say any of this. The seller of a house does not have to offer any kind of warranty or assurance that anything works, or is in "good condition" or whatever. The only exception to this might be if the seller somehow deliberately concealed something, but that is not the case here.
Even the "as is" clause in the contract should not be necessary, but you've got that, so that's good.
In other words, this:
No big deal now, as they have signed and accepted, but you shouldnt of said so much, mainly don’t say No this No that, this work that doesn’t, because if you’re wrong then they may just come back to harass you. How do you know there’s no structural damage, you aren’t an engineer.
It's important for you to understand this – that you do not / did not have to offer any kind of warranty or assurance – because that will reassure you that the buyer does not have a leg to stand on, and you can stand firm.
I have told their representative
Never tried to hide from their representative
Wait – "their representative"? The buyer was buying through a "representative" and has not seen the house in person? More fool them, then.
But the buyer is harassing me now. Saying that he wants to talk to me and not the lawyer.
They are trying it on. Either they are hopelessly naive, or they are trying it on. I suspect the latter.
I can only repeat ‘my lawyer wants to talk to yours’ (as instructed)
As you should.
Talk to your lawyer and make sure you understand how this works, then stand firm and enforce the contract.
How do you know there’s no structural damage, you aren’t an engineer.
Building inspector on the buyer’s side told me that casually when he went to look around the place and examine it in my presence. I did pest control as well as a measure.
they agreed to it, hopefully your contract states its as is. if so tough luck for them. dont deal with them personally, leave it to your lawyer to deal with it. they are just trying to take advantage of you. its on them to do their due diligence and check the house out correctly.
Yaso, I was in your situation five or six times since the 1960's when we used to own rental properties. It is just a try-on, and totally irrelevant. It is only worrying if you let it be.
There is a sales contract, and a deposit was paid. Just let it run its course. If contacted just say "Talk to my lawyer." Nothing more. That leaves two possible courses of action:
FIRST: The purchaser completes settlement and the problem goes away, or
SECOND: The purchaser fails to settle. Your lawyer then bills him for all additional costs, including interest on moneys not received on settlement and any subsequent loss on the subsequent sale if you sell at a lower price. You just put the property back on the market. Your lawyer will deduct these moneys from the deposit and use normal debt collection processes if insufficient.
Do not worry; it is quite common; your lawyer or his realty clerk will have had experience with similar cases.
But the buyer is harassing me now. Saying that he wants to talk to me and not the lawyer.
It’s a bit much.
I can only repeat ‘my lawyer wants to talk to yours’ (as instructed) amidst the harassing phone calls when he got my number to arrange inspection.
Block his number. You do not have to speak to him at all. If your lawyer drafted the sales contract including all the correct terms and conditions and he says that you're covered under the contract terms, then trust him, that is after all what you are paying him for.
Yes, he is the one who drafted the sales contract and added the clauses.
If they drafted the Contract, they would know the ins and outs. This to me needs to go through your lawyer. The communication is usually lawyer to lawyer, but they drafted the Contract so there could be traps.
as every one has already said.
Tell him to talk to his lawyer and don't get into any sort of discussion and tell him to not contact you directly again, then simply hang up and block if necessary.
He was a neighbour of my mom’s and there were a few dropping by to offer their condolences. Said he was looking to buy if no one wanted the home.
He was a neighbour of my mom’s and there were a few dropping by to offer their condolences. Said he was looking to buy if no one wanted the home.
So, a nasty piece of work, then.
- What's this about his "representative"? Who was that?
Now on the inspection week before the settlement, the buyer is demanding that I replace most of the fixtures and even part of the kitchen with NEW expensive things, and threatening me with legal action.
Defer to your own lawyers.
Now on the inspection week before the settlement, the buyer is demanding that I replace most of the fixtures and even part of the kitchen with NEW expensive things, and threatening me with legal action.
Just adding my "he's trying it on" to the chorus.
Tell him to talk to your solicitor/conveyancer.
He's just trying to get out of the contract. Probably because the market has fallen and he now wants a lower price. Thinks he can bully you into lowering the price by complaining.
Reality is a house is bought as-is. Meaning you don't need to upgrade ANYTHING. The buyer takes the house in the condition it was sold in. That's what a pre-purchase building inspection is for.
Tell him to talk to your solicitor/conveyancer.
- What's this about his "representative"? Who was that?
He said it was his friend helping him out, he wasn’t available when I was.
I don’t know what is going on and it has been stressful since he keeps getting other ppl to call my phone now.
since he keeps getting other ppl to call my phone now.
Just let all calls go to voice mail unless you recognise the number. There's nothing to stress about, let your conveyancing lawyers handle it. Record all interactions, abuse, etc.
I am sure it has been very stressful, still grieving, clearing out the family home, dealing with the estate and selling.
This buyer is horrid.
I am guessing he can't get the finance for the full amount and has to put the 20% discount saved to do his renos and now he wants you to pay. He will also have to pay stamp duty on the market rate.
Let your unknown phone number calls go to message bank.
I am sure this is going to work out in your favour, don't stress, he is the one that is stressing, he might loose his deposit for being a DS.
I am guessing he can't get the finance for the full amount and has to put the 20% discount saved to do his renos and now he wants you to pay.
Definately something like that going on. No normal buyer demands renos or new appliances when buying a home, the buyer sounds like a nutter.
The buyer is claiming that I ‘didn’t declare the work to be done.’
My lawyer told me to get their lawyer to talk to him. I think he said I was covered under the contract terms
No your lawyer/solicitor should be doing that not you. What are you paying them for.
Zero correspondence should be through yourself and the buyer. Need to look at the contract and discuss with your solicitor. Only they can tell you the answer.
The buyer is claiming that I ‘didn’t declare the work to be done.’
Absolutely irrelevant. Its about what is in the contract.
My lawyer told me to get their lawyer to talk to him. I think he said I was covered under the contract terms.
This sounds like your lawyer does not yet know who is his lawyer. It is a normal request.
But the buyer is harassing me now. Saying that he wants to talk to me and not the lawyer.
Do not respond to him or answer phone calls. If unavoidable then be a broken record "My lawyer says not to talk to you."
The process should now be:
1. You talk to your lawyer, ONLY.
2. Your lawyer tallks to you and to his lawyer, ONLY.
3. Legal priviledge applies in the discussions above.
4. Your lawyer will not talk to the purchaser – its about your legal privacy.
5. The exception to 4. is if the buyer is doing has own conveyancing.
6. The buyer talks to his lawyer.
If you get harassed by third parties then consider handing to your lawyer. They are probably just thoughtless and silly people doing a friend a favour.
In the real estate world, people like your buyer are called "bottom feeders" – they are best avoided.
Sorry to hear you're going through this OP, they sound like an absolute grub.
I can't offer any advice, but please do come back and update with an outcome if you can, would be good for anyone who finds themselves in this position in future.
sounds like a dodgy buyer trying to bully you when you are vulnerable
a simple reply might be 'if you fail to complete the purchase as is by the due date, we can rescind the contract and keep your 10% deposit'
that should put a cork in it
sounds like a dodgy buyer trying to bully you when you are vulnerable
a simple reply might be 'if you fail to complete the purchase as is by the due date, we can rescind the contract and keep your 10% deposit'
that should put a cork in it
No, do not do this. You cannot legally "rescind the contract and keep your 10% deposit." Nor can you threaten to do an illegal act.
All contact should be from your solicitor ONLY.
The contract terms are in the contract. If buyer fails to settle then your lawyer will claim all addition expenses, interest costs and loss/profit on resale and offset that against the deposit. He will then return any balance to the "Buyer" or claim any shortage from him.