Bought a "new" house, huge issues.

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Grimspoon

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So I bought a new house and moved in recently and we have had issue after issues after issue. The problem is the owner is refusing to acknowledge any of the issues and is basically throwing her hands in the air and saying its not her problem.

The estate agent is absolutely hopeless, she obviously just wants her commission so she is just sitting on the fence.

The list of issues are numerous, some less serious than others. After the constant emailing backward and forward and the owner getting all shirty with us and getting her lawyer involved, I said I would deal with the minor issues.

So I would like to know if these things would pee you off?

Firstly the owner ripped out numerous fixtures in the house, shelves, TV brackets, pelmets, bathroom fixtures (leaving holes in tiles) etc etc. . . They then got the gardener to patch up the holes and its the worst polyfil job I have ever seen. To add injury to insult they then went and painted over all the holes throughout the house with the WRONG colour paint. Not slightly wrong but about 100 shades wrong. I have checked and in every single room there are big round circles where they have painted with the wrong paint. Essentially I need to repaint the entire house. I have tried to get the pain matched but its about 95% right, you can see clearly that it is wrong.

Secondly all the toilets were leaking / didn't work. They got a plumber out who didn't fix the issues. We had to call them back which they acknowledged was for the owners account with which the owner sends me the invoice and says I must pay for it, not their problem. The kitchen tap was leaking so badly the plumber told the owner it cant be fixed. They refused. Now I am demanding they pay for a new tap. They refuse point blank. Fine. I went and bought one.

There are broken windows throughout the house, one is completely smashed. Now when we viewed the property these weren't broken so its not in the offer to purchase that they must fix it. BUT they verbally agreed with me that they would sort this out, which obviously they haven't done.

Then this is where it gets a little more serious. Last night I discovered there is a hot leaking tap in the kitchen cupboard which spans over to the bathroom. The cupboard feels like an oven and my maid actually told me about this on the day we moved in but could work out what was potting. On closer inspection I see the cupboards is rotting and moldy. I can also see its leaking outside the kitchen. Great! Judging by the condition of the cupboard this not new at all.

Then we discover that the borehole which has been disclosed as in perfect working order and runs the sprinkles in fact doesn't work at all and the sprinklers are in fact hooked up to the municipal water. O and the sprinkler taps which runs the show is leaking badly. I noticed something horribly wrong when I checked the water meter and saw it was going up some crazy amount of KL a day.

There is then a serious leak and rain damage in the garage, one room and patio which once again was not there when we viewed the house. Once again the owner told us "no problem I will get my bond insurance to sort it out". . . . Nothing has happened.

Lastly I think, they have not got the electrical compliance. . . They have had 7 months to do this and we have been hounding them about this. . . They have completely ignored us and I have now had to get my electrician out to quote on this which is complete nonsense. Why am I doing this ****?

I just handed the keys over to the new owner of my old house and I made sure absolutely everything was perfect. They even got the electrical compliance certificate in their hands. Some people just have no clue.

I know the voetstoots clause applies in many cases, but this is just ridiculous.
 
Lol, man.

Just hard luck bro.

Its going to cost you and arm and a leg to fix fix fix....


You still have time... Petrol goes up tommorrow night.







/seriously thou I'm sure the CPA takes precedent over any voetstoet clauses that apply over the purchase of a home.

Don't worry, any good lawyer will have a strong case in your favour.
 
Lawyer. Period. Reason: you may not, by law, remove fixtures. You can't even remove your DSTV satellite. Or light fixtures.
The house, other than that, is sold voetstoots, so plumbing, etc might very well be your problem. But yeah. lawyer all the way.

Edit: if I'm not mistaken, it's also required to have an electrical compliance certificate issued before the house can be sold - could that void the contract?
 
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Lawyering up should help.

Did you do a structural assessment at least?

Removing the fittings like that definitely isn't acceptable. Fittings are kinda fitted to the house & therefore a part of it. lol I recall discussing with my dad whether the pool creepy constitutes "furniture & fittings".
 
Lawyering up should help.

Did you do a structural assessment at least?

Removing the fittings like that definitely isn't acceptable. Fittings are kinda fitted to the house & therefore a part of it. lol I recall discussing with my dad whether the pool creepy constitutes "furniture & fittings".

iirc the definition of a fixture is anything "physically attached to the house".
 
Save the lawyer fees and start fixing. A house is a bottomless pit that will eat your income starting from now. The R6k or R7k worth of damage now is small change in relation to the maintenance costs you will incur over the next 5 years...

EDIT: Okay, so I actually just read your post now, R35k-R40k worth of damage, lawyer up dude... :o
 
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iirc the definition of a fixture is anything "physically attached to the house".
Well if you're doing it right the creepy is kinda connected to the pool/pool pump, which is pretty much part of the house being bought. :p But yeah I hear you.

Anyway we ended up swapping the creepy for an old one lying around & took the new one along. Causing leave the pool without any creepy feels like a bit of a Ahole move. The people who moved in put like 200k into the pool area afterwards, so I don't think they cared either way.
 
think the CPA is meant to help with these sort of issues ... maybe look into it ... hopefully it will assist .. good luck!!
 
Thanks for the feedback.

This definitely will require a lawyer. The seller is bitter as they didn't want to sell the house to start with and is now throwing her hands in the air claiming none of this is her issue.

This is my 2nd house so I am certainly not new to upkeep of a house, however I didn't expect to walk into this, and honestly don't feel like I need to take responsibility for these things.

Fixtures are to be left in the house unless otherwise stipulated in the offer to purchase. They went bananas in this place. At least if they had painted the walls with the correct ****ing colour I could deal with it.

The transfer has not gone through due to massive water meter issue which I won't get into but yes the electrical compliance has STILL not been done. As mentioned, I have had to get a electrician out to quote the seller, and I can just see they are going to throw their arms up in the air on that as well. The deal can't fall through, we have everything in place except the electrical compliance and water clearance. If the seller pulls out (which they can't as the back reposed the house) I will sue them for everything they have left. It takes a lot to get my fuse lit and I have been more than accommodating to the minor issues even offering to resolve them myself as the money spent will be a lot less than a legal battle, but now the gloves are off. Bring it.
 
The transfer has not gone through due to massive water meter issue which I won't get into but yes the electrical compliance has STILL not been done. As mentioned, I have had to get a electrician out to quote the seller, and I can just see they are going to throw their arms up in the air on that as well. The deal can't fall through, we have everything in place except the electrical compliance and water clearance. If the seller pulls out (which they can't as the back reposed the house) I will sue them for everything they have left. It takes a lot to get my fuse lit and I have been more than accommodating to the minor issues even offering to resolve them myself as the money spent will be a lot less than a legal battle, but now the gloves are off. Bring it.
Well that explains they sketchy moves w/ fittings. They are desperate.
 
Thanks for the feedback.

This definitely will require a lawyer. The seller is bitter as they didn't want to sell the house to start with and is now throwing her hands in the air claiming none of this is her issue.

This is my 2nd house so I am certainly not new to upkeep of a house, however I didn't expect to walk into this, and honestly don't feel like I need to take responsibility for these things.

Fixtures are to be left in the house unless otherwise stipulated in the offer to purchase. They went bananas in this place. At least if they had painted the walls with the correct ****ing colour I could deal with it.

The transfer has not gone through due to massive water meter issue which I won't get into but yes the electrical compliance has STILL not been done. As mentioned, I have had to get a electrician out to quote the seller, and I can just see they are going to throw their arms up in the air on that as well. The deal can't fall through, we have everything in place except the electrical compliance and water clearance. If the seller pulls out (which they can't as the back reposed the house) I will sue them for everything they have left. It takes a lot to get my fuse lit and I have been more than accommodating to the minor issues even offering to resolve them myself as the money spent will be a lot less than a legal battle, but now the gloves are off. Bring it.

Aaai, been there, had that done to me. If I recall, a lot depends on the offer to purchase and the specific clauses. The estate agent will give you lip service, but if the transfer has not gone through yet then they wont have their commission yet? I take it you are paying occupational rent then? If so, see about holding it back in lieu of them doing the repairs. Removing fixtures is not allowed. But, I had a lawyer friend who was willing to pursue a similar issues for me - it just wasn't worth it in the end. Although your costs seem somewhat higher than mine. Plus if the house was repo'd they ain't going to have any money. Even if you get some legal order against them it will likely mean they have to pay you R100 a month for years or something like that. Good luck is all I can say.
 
Sounds like your lawyer has a good case. You will definitely have some money coming to you.
 
Aaai, been there, had that done to me. If I recall, a lot depends on the offer to purchase and the specific clauses. The estate agent will give you lip service, but if the transfer has not gone through yet then they wont have their commission yet? I take it you are paying occupational rent then? If so, see about holding it back in lieu of them doing the repairs. Removing fixtures is not allowed. But, I had a lawyer friend who was willing to pursue a similar issues for me - it just wasn't worth it in the end. Although your costs seem somewhat higher than mine. Plus if the house was repo'd they ain't going to have any money. Even if you get some legal order against them it will likely mean they have to pay you R100 a month for years or something like that. Good luck is all I can say.

It's illegal to withhold the occ rent. So I have on advice paid it into the lawyers trust account with strict instruction that the funds are not to be released to the owner until these issues are resolved. I am keeping my side clean. The owner does claim to have no money but that is not my fault or problem. The bank then need to get involved and resolve these issues IMO.
 
Is there not an Ombudsman one can approach ? It seems as if there have been multiple legal lapses here by the estate agent and surely they must be accountable to someone ??
 
Is there not an Ombudsman one can approach ? It seems as if there have been multiple legal lapses here by the estate agent and surely they must be accountable to someone ??

The estate agent is not the one with the biggest legal burden. It's really between purchaser and seller. Unless the offer to purchase document served up by the estate agency can be shown to be incredibly one-sided or some such, they are in the clear.
 
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