Chattels in Sale & Purchase Agreement (but currently do not exist)

[BigDreamer]

Hi All,

I have a conditional agreement on a vacant property. I noticed that the agent (and vendors) have listed all the following three chattels (among others, of course):

- Curtains
- Drapes
- Blinds

The property only has drapes at the moment, I am tempted to ask my lawyer to withhold some money on settlement if I don't see blinds and/or curtains.

The last property I purchased mentioned had curtains listed under the chattels section of the S&P Agreement but on settlement date the previous owners took all the curtains and despite me mentioning this to my lawyer at the time, he did not withhold any money and I was extremely disappointed. Needless to say, I have not engaged that lawyer again.

My question is - do I have the rights to request for curtains and blinds (?) to be available during settlement of this new property?

Is the lawyer able to withhold money if they are not provided yet mentioned on the S&P Agreement?

Lastly, do you have any similar experiences with chattels being listed on the S&P Agreement but not present during settlement and what actions did you take?

[Leftette]

Aren't you splitting hairs? What's the difference between drapes and curtains, anyway? Blinds - ok, but if there aren't any to start with, how are you put out in any way at all?

[Boostin]

If I was the vendor and you tried that on I would head to the local tip and pickup some of the filthiest curtains and blinds I could find. Then leave them for you on the lounge floor.

[BigDreamer]

I admit I am slightly bitter after the last purchase where there were curtains listed under the chattels but the vendor took them all on settlement date. ..

[Boostin]

There is no automatic right to withhold money where there is a relatively minor issue on settlement. All the parties have to agree, which most reasonable lawyers/vendors/purchasers would. There is a provision for where a major issue is identified before settlement.

If the Vendors took the curtains and they were listed your avenue would be down the disputes tribunal or District Court after settlement.

[Dugster]

They could be in getting cleaned when the open home takes place. If they're on the Chattels list, then you should get them on settlement. You might say it's splitting hairs Leftette, but alternatively, get your S and P right. It's not difficult to draw a line through the 'Curtains' on the chattels list.

[Shane D]

Houses usually have drapes/curtains OR blinds and thus the one that does not apply is crossed off the S&P agreement. Then again, I guess some rooms could have blinds whilst another room has drapes/curtains.

Me personally, I wouldn't be too concerned as I like to put up fresh new ones anyway. You can pick up a house lot of new ones at Spotlight or similar outlets for under $1,000 and it makes a huge difference to the feel of the place.

Shane

[Meehole]

Aren't you splitting hairs? What's the difference between drapes and curtains, anyway? Blinds - ok, but if there aren't any to start with, how are you put out in any way at all?

Drapes are curtains and curtains are nets! Where I am residing anyway...go figure

[BigDreamer]

Drapes are curtains and curtains are nets! Where I am residing anyway...go figure

I thought so too about the difference between drapes vs curtains. I know the property has drapes but no net (not sure this is the technical term - I'm meant to say the white see through material).

Maybe Worth $1000 I could get a good set but why should I have to bother searching and buying when it is already in the S&P. The settlement is a long way away so not really sure if I will dispute this but I appreciate all the replies

[Meehole]

I sold a house once that had "nets" that belonged to the tenants, which when I learnt the difference (here in ChCh anyway). Prospective buyers had to have the fact that the nets belonged to the tenant pointed out to them and then when I did the S & P agreement I had to reiterate that the "nets" did not come with the property. Had I have not pointed this out then I as the salesperson would be liable to pay for nets for the purchaser. Hope this helps!

[artemis]

i would have a talk to the agent and ask for specific clarification in writing of exactly what chattels are included. Get them to do the running around with the vendor.