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House bought in auction has damaged chattels

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  • #16
    As far as the agent's assurances go, you need to talk to them and see if they will stand by their assurances. Often, I fear, you will find that their recollection of the conversation now differs from yours. If however they agree that they gave that assurance, they should get the HRV system into working order at the very least.

    The auction clauses don't help you unless things have broken since you viewed them. Chattels are only in reasonable working order if they worked at the time of viewing...ie if their state of repair at the time was that they don't work, then that's what you are buying. I think your efforts should be directed at the agent, who should be asking the vendor whether things work and letting purchasers know.

    Only real way to safeguard yourself is to check things work when you view the property.

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    • #17
      If you buy a IP with tenants and the roof is shot and needs replacement can you claim tax on that?

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      • #18
        Originally posted by kiwibean View Post
        If you buy a IP with tenants and the roof is shot and needs replacement can you claim tax on that?
        No - it would be part of the capital cost because it is expected that the purchase price included the state of the roof.

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        • #19
          As you bought at auction I'd think tough luck.

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          • #20
            You really should have checked the chattels before bidding at the auction. My understanding is you only have a case to withhold some funds if you could prove that the chattels were in working (or a better) condition prior to auction.
            www.PropertyMinder.co.nz
            # Property Management
            # Ad Hoc Tenancy Services / Rental Inspections / Terminations and Notices

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