Browse Forums Real Estate 1 Jul 21, 2009 10:26 pm Hi everyone, I've recently purchased a property in Hobart with settlement due at the end of this month. When we first met the REA we mentioned that we had a few issues that would make it difficult for us to move and she said that we would be able to store our belongings in the garage of the property (underneath the house) prior to settlement to help us out. As I can't bank on a promise I had that offer written into the contract as a clause. We are now approaching the half-way point of our "complete and unrestricted access" (not exclusive access) to the garage and are yet to see it. In spite of being assured that we were getting the keys to the garage, the vendor has done an about-face and made it near impossible for us to gain access. We're not particularly keen to keep our belongings on a property we don't have access to, and we simply don't have the resources (man-power) to be able to move large/heavy items in the hour or so that the vendor is going to allow us entry. What can we do? Re: Issues enforcing a contract 2Jul 21, 2009 10:36 pm You need to attach an addendum : In other documents, most importantly in contracts, an addendum is an additional text not included in the main text which may contain additional specifications, provisions, standard forms or other information, especially pricing information. A contract addendum may also be called an appendix or a rider. Where you are coming from is where you are going to... Re: Issues enforcing a contract 3Jul 21, 2009 10:55 pm The clause for access to the garage has already been written into the contract. They are in breach of that clause. Other than spending thousands on taking them to court for damages which are hard to quanitify, what can we do? Re: Issues enforcing a contract 4Jul 22, 2009 2:23 am I dont want to be harsh but I think youre looking at it the wrong way. You are incredibly lucky to be getting free storage space before settlement and I think giving you your own key to the garage may be asking a bit much. be grateful for the free storage and use it as best you can. you should be able to move a lot of stuff into a garage in an hour. rent a large covered trailor, load it up the night before with furniture etc and meet the realtor on time at the property, if youre really nice to them, you could probably get them to agree to let you call them when the trailor is unloaded so they can come back and lock up again. Re: Issues enforcing a contract 5Jul 22, 2009 10:09 pm Where you are coming from is where you are going to... Re: Issues enforcing a contract 7Jul 22, 2009 10:33 pm I don't think any insurance company would pay up if you left the keys in the ignition... let alone delivery Where you are coming from is where you are going to... 12 5320 You talk about deletions, are they variations or PS and PC adjustments? pleas list them 1 16557 I am looking at building a house. Has anyone used Construkt Homes (based in Adelaide)? Does anyone have experience with this builder? 0 6450 |