My new house

By Anonymous - 22/01/2013 08:27 - New Zealand - Wainuiomata

Today, I bought my first house, blowing nearly all my savings on the deposit. I had left myself enough for just a couple of necessary bits of furniture. It turns out the previous owner completely stripped the house when he left, taking the oven and even the toilet with him, amongst other things. FML
I agree, your life sucks 36 457
You deserved it 13 482

Same thing different taste

Top comments

I hope you have enough money to buy a shovel, because you might have to shit in a hole for a while

Comments

Was the home inspected before you signed the loan documents? If so, I'd check with a lawyer and see if you could sue the previous owner for fraud.

So I'm not sure how the law where you are differs to Australian law but here you leave the fixtures (ie anything "connected" to the property such as a toilet) and can only take the chattels (ie anything not connected to the property such as furniture/pot plants) unless it is specifically mentioned in the contract. It's likely he's in breach of contract, don't go straight to suing him (everyone is so litigious these days!), I would first complain to the real estate you went through before exploring other avenues.

Seller legally cannot take the toilet. It's bolted down therefore considered part of the structure. OP you have the right to go after the seller for money or new Toilet.

When you leave/ move out you get to take the appliances. For the precious owner to have to leave them it has to be in the contract. Be smart next time

ThirstyGrunt 6

I'm pretty sure that you're supposed to leave those such things in the house (by law)

I would say that's a lie or you have a horrible lawyer as the contract states what is going to left in the house. Or you are just stupid not to read the contract. I know because I'm in contract for my first house right now.

I hate to say YDI, but who puts down a deposit on a house without so much as looking at the inside of it??

Call your lawyer some things they are required to leave example toilet there should be an escrow account set up that should handle it but you have to deal with it right away

That is why the ADLS Agreement for Sale and Purchase form allows a prepurchase inspection in order to ensure the condition of the fixtures is the same as when you first looked through it. If you haven't already done so, you might want to consider the following: If you had a lawyer or conveyancer act for you in the purchase, you should approach them about this. They will be able to advise you. If you did not, you could take a copy of the agreement for sale and purchase form a lawyer (or local community law centre, if you are on a budget). A number do free sessions where you can describe the problem, and they will set out your legal rights, and give you some options, and only charge if you instruct them (e.g. commence proceedings). You can always ask if they do this when you call. Regardless of the outcome of all this, FYL for even having to deal with this mess.

Good news, you do have a right to complain, they can't take things that are attached to the property. I think you should go to the Citizens Advice Bureau and get in contact with the agent too because you didn't sign up to buy a house that has no fittings.