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Estate Agent won't clean out house

  • 06-11-2018 3:57pm
    #1
    Registered Users Posts: 787 ✭✭✭Deadlie


    Hi all,

    I'm going through a particularly messy purchase. I've been sale agreed since May 7th of this year and I was due to get the keys this week.

    The one term of sale we had with our solicitor was that the house was to be removed off ALL of the former owners belongings.

    I visited yesterday and the house remains untouched. We have an enormous she'd in the back which has been rammed full of rubbish.

    The estate agent agreed to clean it out in September and again last month. But it remains packed.

    We proceed a clean out and it came to anywhere between 1,300 - 2,000. Our solicitor says she cannot withold funds from the vendor at this stage, so we're in a rut.

    Is there anything that can be done or do we just have to accept?


Comments

  • Moderators, Sports Moderators Posts: 9,977 Mod ✭✭✭✭aloooof


    We had a similar scenario, whereby some furniture was left in the house when we inspected it pre-closing.

    Our solicitor suggesting a reduction by €500 to their solicitor (who accepted), and we then remove the items our self. Helped get us over the line.


  • Closed Accounts Posts: 9,057 ✭✭✭.......


    Have you already paid to clean it out?

    Why did you do the clean out, why did you not continue to delay until it was done?


  • Registered Users Posts: 4,250 ✭✭✭Homer


    It’s not the EA duty to clean out the house, it’s the vendors.
    You may have mistakenly taken the EA at their word that they would get the vendor to make sure it was left empty but they will say pretty much anything to get the sale closed and there’s not a lot you can do once you get that far into the deal if you are sale agreed and contracts completed.


  • Registered Users Posts: 3,205 ✭✭✭cruizer101


    Has the sale actually closed, do you have the keys?
    Have you cleaned it out or is that an estimate of how much it will be?

    The EA is kind of irrelevant its not their responsibility, your solicitor should be in touch with the other solicitor.
    Was there anything in contract about contents.


  • Registered Users Posts: 16,820 ✭✭✭✭Sleeper12


    Not to do with the estate agent. Don't let anyone try blame the estate agent.

    You're solicitor needs to communicate with the sellers solicitor about this. It's up to seller to follow conditions of sale. You might be able to agree a small discount & you remove everything.


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  • Registered Users Posts: 787 ✭✭✭Deadlie


    Thanks everyone.

    We havent received the keys yet. We were due to receive them this week, but we've pushed it back a week, as I've just received word that the family will have it cleared out by the weekend.

    We had our conditions for sale written up and this was number 1 on our list. It was our only ask that required the vendors to do anything.

    Am I within reason then to reject the keys until this is resolved? Could this just bite me in the bum?

    Thanks again to everyone for their advice so far. It's been a tough ol week.


  • Registered Users Posts: 7,670 ✭✭✭Bluefoam


    how about this: move in, have the placed cleared out by professionals and then retrieve the cost via small claims court.


  • Registered Users Posts: 9,761 ✭✭✭Effects


    Bluefoam wrote: »
    how about this: move in, have the placed cleared out by professionals and then retrieve the cost via small claims court.

    Sounds like a nightmare.
    Deadlie wrote: »
    We had our conditions for sale written up and this was number 1 on our list. It was our only ask that required the vendors to do anything.

    In that case it's between the solicitors to get sorted out. I'd probably hold off or else they can't be forced to clear it out.


  • Registered Users Posts: 67 ✭✭ross2010


    This happened to me. My solicitor advised the other solicitor that I was entitled to vacant possession and that meant all belongings must be removed. The seller removed them and it was fine. Do not close on the sale until it is done. If you do chances are you will end up footing the bill.


  • Registered Users Posts: 10,151 ✭✭✭✭Marcusm


    Deadlie wrote: »
    Thanks everyone.

    We havent received the keys yet. We were due to receive them this week, but we've pushed it back a week, as I've just received word that the family will have it cleared out by the weekend.

    We had our conditions for sale written up and this was number 1 on our list. It was our only ask that required the vendors to do anything.

    Am I within reason then to reject the keys until this is resolved? Could this just bite me in the bum?

    Thanks again to everyone for their advice so far. It's been a tough ol week.
    Instruct your soldiers cutie not to close and not to transfer funds until the property’s condition is consistent with the conditions of sale. Alternatively instruct a retention of funds in respect of this item. If the money has not moved which it should not have then there is no reason a retention cannot be effected.


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  • Registered Users Posts: 228 ✭✭surrender monkey


    When you're inspecting the house after the clear out don't forget to check the attic before completing the sale


  • Moderators, Business & Finance Moderators, Motoring & Transport Moderators, Society & Culture Moderators Posts: 67,101 Mod ✭✭✭✭L1011


    Marcusm wrote: »
    soldiers cutie

    That's a quite brilliant autocorrect fail for solicitor I have to say


  • Moderators, Regional Midwest Moderators Posts: 11,034 Mod ✭✭✭✭MarkR


    L1011 wrote: »
    That's a quite brilliant autocorrect fail for solicitor I have to say

    Thank you for deciphering that. I was thinking it was some kind of sexist term for some office totty. :D


  • Registered Users Posts: 255 ✭✭Thestones


    The seller isn't going to risk losing or delaying the sale at this late stage, I'd say they deffo will clear it out if they know your holding up closing for it.


  • Registered Users Posts: 4,098 ✭✭✭rameire


    I purchased a house start of February, one of the items on our contract of purchase was that house should be empty of all possessions and rubbish, and all items and rubbish removed from garden front and back.
    Walked into house after funds transferred and received keys, house was full of rubbish, furniture left everywhere, back garden full of items and old fences.
    Got onto estate agent, they advised the vendor would turn up 2 weeks later with a van to remove all items. this was not acceptable and we agreed that we would purchase a skip and get items removed and cost of skips returned to us.
    In the end it took two skips. Havnt seen a penny from the vendor, will never see a penny of it,
    but sold items on Adverts that had been left behind and made up half of the cost.
    Dont trust the vendor or the estate agent, and your solicitor can only go so far because the vendors solicitor will just ignore them.

    🌞 3.8kwp, 🌞 Split 2.28S, 1.52E. 🌞 Clonee, Dub.🌞



  • Registered Users Posts: 10,151 ✭✭✭✭Marcusm


    rameire wrote: »
    I purchased a house start of February, one of the items on our contract of purchase was that house should be empty of all possessions and rubbish, and all items and rubbish removed from garden front and back.
    Walked into house after funds transferred and received keys, house was full of rubbish, furniture left everywhere, back garden full of items and old fences.
    Got onto estate agent, they advised the vendor would turn up 2 weeks later with a van to remove all items. this was not acceptable and we agreed that we would purchase a skip and get items removed and cost of skips returned to us.
    In the end it took two skips. Havnt seen a penny from the vendor, will never see a penny of it,
    but sold items on Adverts that had been left behind and made up half of the cost.
    Dont trust the vendor or the estate agent, and your solicitor can only go so far because the vendors solicitor will just ignore them.

    This is why you have to perform that last inspection before the funds transfer, even if it’s just staring in the ground floor windows. Absolutely no prospect of efficiently recovering the cost afterwards.


  • Registered Users Posts: 668 ✭✭✭Iscreamkone


    You could offer/threaten to "kindly" deliver all the rubbish to the vendors front garden


  • Closed Accounts Posts: 3,502 ✭✭✭ Emerson Enough Photography


    rameire wrote: »
    I purchased a house start of February, one of the items on our contract of purchase was that house should be empty of all possessions and rubbish, and all items and rubbish removed from garden front and back.
    Walked into house after funds transferred and received keys, house was full of rubbish, furniture left everywhere, back garden full of items and old fences.
    Got onto estate agent, they advised the vendor would turn up 2 weeks later with a van to remove all items. this was not acceptable and we agreed that we would purchase a skip and get items removed and cost of skips returned to us.
    In the end it took two skips. Havnt seen a penny from the vendor, will never see a penny of it,
    but sold items on Adverts that had been left behind and made up half of the cost.
    Dont trust the vendor or the estate agent, and your solicitor can only go so far because the vendors solicitor will just ignore them.

    Blame your solicitor for not advising you to do a very standard pre closing inspection. Bizarre they didn't suggest this.


  • Registered Users Posts: 3,205 ✭✭✭cruizer101


    Blame your solicitor for not advising you to do a very standard pre closing inspection. Bizarre they didn't suggest this.

    Not always possible, we recently purchased a house and estate agent refused to accommodate us doing one. We went around and had a quick look in the windows but couldn't see much.


  • Closed Accounts Posts: 3,502 ✭✭✭ Emerson Enough Photography


    cruizer101 wrote: »
    Not always possible, we recently purchased a house and estate agent refused to accommodate us doing one. We went around and had a quick look in the windows but couldn't see much.

    Bizarre, EA's make life more difficult for themselves in situations like this.


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  • Registered Users Posts: 7,499 ✭✭✭the_pen_turner


    Could you get a quote from a reputable company to come in and dispose of all the rubbish properly. Say 2-3 K .
    Then go back and revise your offer to say 200k if cleaned out or 195k as is. Or even some kind of retention based on the rubbish being gone


  • Posts: 0 Tony Black Dart


    Deadlie wrote: »

    The one term of sale we had with our solicitor was that the house was to be removed off ALL of the former owners belongings.



    ......


    Our solicitor says she cannot withold funds from the vendor at this stage, so we're in a rut.


    Something wrong here.


    Your solicitor should have put that term in the contract if it was so important. Then you would be on very solid grounds to withhold funds, delay closing or claim back later.


  • Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    Something wrong here.


    Your solicitor should have put that term in the contract if it was so important. Then you would be on very solid grounds to withhold funds, delay closing or claim back later.

    Giving up vacant possession means all junk has to be gone. If the vendor wants the purchaser to deal with rubbish, it is up to the vendor to put such a clause in the contract.


  • Posts: 0 Tony Black Dart


    4ensic15 wrote: »
    Giving up vacant possession means all junk has to be gone. If the vendor wants the purchaser to deal with rubbish, it is up to the vendor to put such a clause in the contract.


    If its that important to the purchaser you add it to the contract. Its just a line and then its clear that its brought to everybodies attention and beyond doubt.


  • Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    If its that important to the purchaser you add it to the contract. Its just a line and then its clear that its brought to everybodies attention and beyond doubt.

    It is already implied into the contract by law. It doesn't need a line.


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