Conveyancing Q&A - Rubbish - Auckland Property Investors Association

In this week’s Conveyancing Q&A, Hilary Jenkins talks about property sharing agreements.

My daughter just bought her first investment property.

The house needed cleaning after the last tenancy. The standard Sale & Purchase Agreement provided by the agent makes the Vendor responsible for
cleaning and rubbish removal. The out of town vendor didn’t clean it satisfactorily (the oven hadn’t been touched) and there were several trailer
loads under the house. This was pointed out to the agent before going unconditional.

Via their solicitor, they refused a deduction of $450 from the settlement figure to cover the costs of her having to pay someone else to do it.

What are her rights here? Seems a bit pointless having a clause in a contract if it is non-binding.

APIA Ask An Expert

Your agreement will list the chattels for the property within the agreement and the listed chattels form part of the purchase price. A vendor is therefore
obligated to provide the listed chattels to you at
settlement which should be in the same state of repair as when you signed your agreement to purchase and so an additional price can’t be put on
the chattels listed in the agreement.

If your vendor is wanting you to purchase other chattels she wishes to leave behind, you are not bound to agree to purchase these and they should be removed
by the vendor by
settlement.

Disclaimer – The answer provided above is informational and should not be relied upon as legal advice. For personalised legal advice, please feel free to contact Lifestyle Legal Services Limited or your professional legal advisor directly.

Hilary Jenkins

Hilary is the director of Lifestyle Legal Services and a veteran of the conveyancing industry having built up an impressive work history of over 20 years (15 of which as a Registered Legal Executive).

To date, Hilary has played an integral part in the success of a wide range of residential and commercial transactions. Lifestyle Legal stem out of Hilary’s passion for the property industry and desire to offer clear and down-to-earth advice for her customers.