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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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How long after settlement of a house does the purchaser have

Customer Question

How long after settlement of a house does the purchaser have to make a claim that some appliances did not work.

A final inspection was not done by the purchasers. They said they didnt have time and the property was in dissarray due to moving out process.

I have to attend a VCAT hearing tomorrow to defend my position that all appliances were in working order, which they were, but I only have my own word against theirs
Submitted: 3 years ago.
Category: Australia Law
Expert:  Leon replied 3 years ago.
Good Evening

Thank you for your question. To Introduce myself I am a sydney based Solicitor and will do my best to provide you with relevant information to assist you.

Did the purchaser have an inspection before they singed and were the appliances working at that time?

Customer: replied 3 years ago.

The sale of the house was early April with a settlement of late may. All appliances were working at the time of signing the contract and when the vendor left the house on settlement day.

The purchaser did a final inspection but did not complete any type of final inspection check list to ensure for their state of mind that all appliances worked. There was no mention of these issues until at least one month down the track after settlement.

We know everything was in working order at the time of leaving the house

Expert:  Leon replied 3 years ago.
Good Morning,

If the purchasers had made an inspection and all appliances were working as at the date the contract was signed, then they have an action against the vendors at the time of settlement.

Usually the quicker they bring an action or bring it to the attention of the vendors are better.

If the appliances broke down, for example, one month after settlement then the purchasers have no action against the vendors.

The law says that the property must be in the same condition at the time settlement as it was when the contract was entered into.

If the vendors believe that at the time of settlement all appliances were in working order, then the court will need to get evidence to the contrary.

If the appliances were noted not to be working one month after settlement the question would be when did they stop working.

The purchasers are going to have a difficult time convincing the tribunal that the appliances were not working at the time of settlement if there is a delay between the date of settlement and the time they discovered the appliances were not working.

It is a situation where I believe the purchasers are wasting their time and money because of the delay in bringing this to the attention of the vendors.

It is not an excuse to say I did not have time. They should have arranged an independent party to attend and check the property prior to settlement.

I believe the delay will go against them and a tribunal will find in favour of the vendors.

There is no requirement to do a checklist, if they did the final inspection and did not bring anything to the attention of the conveyancer, there is no case the vendors have to answer.

Is there anything else I can assist you with?

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