Property advice

[Toolish]

After some help here knowing where I stand...

I recently bought a house with a 30 day settlement. I just got a call from the real estate agent asking if settlement could be extended slightly as the current owner can't move into their new place until the day of settlement and they think they will need a few days to get everything sorted as far as getting everything out, getting the carpets cleaned etc.

We had planned to start moving on the afternoon/evening of the settlement (A Friday) and then continue through the weekend.

Am I within my rights to tell them that is the settlement date, we are moving in there, you had better be out, or is it something that needs to be sorted by mutual agreement a bit?

[Wrong Fairway]

Talk to your conveyancer.

From memory the seller could delay for a small period of time without penalty, but the buyer had to pay for delays.

Good luck though mate.

[Xray]

Tell them they can have an extra day as long as they pay for you to stay at some flash Hotel.

[henno]

I had the same thing happen, and had to hold the seller to the settlement date. I had already committed so it was tough luck. They got out in time, but weren't happy about it. A contract is a contract. I wonder how they'd feel if you just decided to not pay them on time.

This is in QLD mind you, so I am not sure if there are any legal differences.

[Fishman Dan]

Basically the agent has screwed them around. Tough bananas. You have plans and bookings etc, not your problem.

[Moe Norman]

you're within your rights to just take posession at agreed settlement.

But it never hurt anyone to be flexible, just talk directly to seller and see if you can come to an agreement that doesn't mess with your own plans too much.

[markTHEblake]

What Thommo said. Simultaneous settlements can be a nightmare, I wont bore you with my own personal horror story, except that my buyer coughed up about $800 to cover my expenses for the removalists.

You are within your rights to enforce the settlement date, and if they dont comply you can walk away and even sue for unspecified damages.

Bear in mind that there is no obligation whatsoever for a seller to leave clean the house when they vacate it, so bottom line is if they are not being bastards, there is no need to be one yourself. Moving house is stressful enough without adding angst to it.

In any case plenty of property transactions are completed in a long run of simultaneous settlements, I have seen up to about 10. And people dont usually have any problems moving in and out on the same day. Wouldnt be the first time that two sets of removalists have been at the same place but going iin different directions.