December 21, 2009 - 4:27 pm
Hi, would like some of your input into this matter and hopefully some advise that can guide in the right direction. The situation is a big mess and even my lawyer is not providing me any helpful tips. First of all the owner delayed the settlement 2 times causing me to find accomodation elsewhere for the last 2 weeks. When i asked my lawyer since my loan was approved on 24th sept can the owner be charged rent? He said no, NSW laws favor the owner and we can’t do anything. So i had bought some furniture as well for which now i was paying storage fee. Lawyer’s (A-hole) assistant says its nothing to do with property and can’t help. So yesterday (8/10/18) is when the settlement took place at around 3pm. Interesting the owner only moved out on that same day around mid-day from what i gather from neighbors. No one gives me a call as to what happened. so finally i decided to call the realestate and they say they have the key and i can sign for it and pick it up. so i pick the keys about 5pm and go to the house at 6pm. what horror i saw there is just unimaginable. there is no cleaning done, cobwebs all over the walls and owners junk stuff still in the unit like a worn out washing machine which hasn’t been thrown out, cupboard full of junk paper things. i didn’t accept this and since it was late i called both the realestate and lawyer about this. realestate said they will look into this and lawyer said very little he can do after settlement. i asked a few people at my work and they said that is not on, and the lawyer should have just stopped the payment till things were fixed. others have said to get the cleaning done and do the invoice to the previous owner. im lost now, please help me with some advise.
if your in a hurry to move in; i suggest that you immediately document the incident. take photographs; walk through the house with two (2) friends as witnesses; note the damages; then have it cleaned; have the invoice clearly made indicating the cleaning made; the damage fixed and the costs;
then review your settlement agreement see if you accepted the house in good condition and if you have a waiver for claims and damages arising from his occupancy. these provisions might deny your claim. if your settlement is clear talk to your lawyer about suing the previous owner on the ground of unjust enrichment (solutio indebiti) and damages to the house.
this advise is no substitute for consulting with a lawyer.