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Vendor cut plum tree down!! Tenants don’t want to leave!!

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  • Vendor cut plum tree down!! Tenants don’t want to leave!!

    Hey guys. I’m new to this forum and thought I’d get some advice. I’m about to settle on a freehold house in 9 days. There are tenants in there at the moment. They are finding it really hard to find another place(pretty understandable if you met them). The real estate agent text me a couple days ago saying I needed to call the tenant. So I did and she was trying tk
    stay on for 2 more weeks. She was saying that her kids can’t be homeless and the water works came on etc. I felt sorry for her so I said I’m sure we can figure something out. I spoke to my wife about this and agreed we would give them 6 weeks to sort themselves out. I rung my lawyer, mortgage broker and real estate agent about this and both he lawyer and mortgage broker said that the lending is only for an owner occupier, not an investment property. So the bank could change the lending and then we couldn’t buy the property. Also the insurance would have to change or we wouldn’t have insurance. Not only that, they would now become my problem!! If they didn’t leave the property and decided to stay on and pay no rent. So I asked the real estate agent about them and he said they’ve only paid 3 times over the past 4-6mknths!! Wtf!? And this guy was going to try and palm them of to me!! I texted him to tell the tenants that I can’t become a landlord due to the bank and insurance contracts. He told me to tell them that because I own the house. I said, I don’t want to be involved. I have a feeling hat hey won’t be gone by the time we need to settle. My lawyer says we need to settle on the 16th. From my understanding, I think I can delay settling due to the house not being vacant. Is that right? And then be entitled to 14% of the purchase price until the vendor is ready to settle? Anyway that’s just one part to the saga. Haha

    The vendor has also cut down a 15-20yr plum tree. This tree produced ALOT of fruit. I found about that 2 weeks ago. We are so gutted that they did that. Anyway they needed to move a large vehicle off the property and thought the plum tree was in the way. It wasn’t in the way and they could’ve reversed and drove around it!! Anyway I got an arborist to give me a quote to remove stump/roots, supply an old plum tree from nursery and dig it back in and maintain it until it can produce the fruit the old tree could produce. $11,000 later. So the lawyer is seeking damages etc and will be held back at settlement.

    Is this his the right thing to do?? I’m unsure as this is my second house and don’t have a lot of experience with these kinds of things.

    Any help would be great. My biggest concern is the tenant issue. But would be nice to get a $11k discount!!

    Thanks guys

  • #2
    Dude, walk away.
    Squadly dinky do!

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    • #3
      Well its good you found out that their was no need to have any sympathy for these lousy ratbag tenants who owe thousands in unpaid rents.
      Stand by your guns ,it is the vendors problem to have them removed ,to provide clear unfettered title in accordance with your purchase agreement.
      The plum tree removal was a bad judgement by the vendor but $1000 compensation is a more realistic figure.

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      • #4
        Hey. Yes we dodged a bullet there. Just some more news over the weekend. The HWC was fixed by them in return for rent during their tenancy and now they’re wanting to take the HWC. Is a HWC a chattel or fixture? When I signed the sale and purchase agreement it said nothing about that so called HWC deal. And it’s not down as a chattel on the list.

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        • #5
          Did you buy the house with vacant possession?
          If so - the vendor is failing to settle.
          The three most harmful addictions are heroin, carbohydrates and a monthly salary - Fred Wilson.

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          • #6
            On the reverse situation (commercial) if I contracted to buy with tenant and the tenant left before the settlement (& before lease ended) I would not settle.

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            • #7
              Originally posted by PC View Post
              Did you buy the house with vacant possession?
              If so - the vendor is failing to settle.
              PC has given you an unequivocal reason.
              Want a great looking concrete swimming pool in Hawke's Bay? Designer Pools will do the job for you!

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              • #8
                I had the exact same situation last year when purchasing a property. I put a clause in the agreement to have the a vacant possession. The tenants couldn't move out due to lack of rentals in the market and the vendors were devastated as they needed to pay me 14% interest everyday delayed. I gave vendors a further 30 days to sort things out but I didn't want the tenants as they would be my problem.
                At the end court bailiffs had to be involved to move tenants. It was a sad story for tenants, vendors and me as all of us lost at some extent.

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