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06-11-2018, 15:57   #1
Deadlie
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Estate Agent won't clean out house

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?
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06-11-2018, 16:11   #2
aloooof
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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.
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06-11-2018, 16:14   #3
.......
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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?
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06-11-2018, 16:20   #4
Homer
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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.
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06-11-2018, 16:24   #5
cruizer101
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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.
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06-11-2018, 16:27   #6
Sleeper12
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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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06-11-2018, 16:55   #7
Deadlie
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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.
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06-11-2018, 17:03   #8
Bluefoam
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how about this: move in, have the placed cleared out by professionals and then retrieve the cost via small claims court.
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06-11-2018, 17:10   #9
Effects
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Originally Posted by Bluefoam View Post
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.

Quote:
Originally Posted by Deadlie View Post
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.
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06-11-2018, 17:30   #10
ross2010
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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.
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06-11-2018, 17:56   #11
Marcusm
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Originally Posted by Deadlie View Post
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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07-11-2018, 08:49   #12
surrender monkey
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When you're inspecting the house after the clear out don't forget to check the attic before completing the sale
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07-11-2018, 08:58   #13
L1011
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soldiers cutie
That's a quite brilliant autocorrect fail for solicitor I have to say
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07-11-2018, 09:04   #14
MarkR
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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.
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07-11-2018, 10:21   #15
Thestones
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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.
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