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  1. #11
    Join Date
    Nov 2006
    Location
    Cyberspace
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    5,606

    Default

    Do you have anyone in NZ who knows the situation and can be your agent?

  2. #12
    Join Date
    Jun 2004
    Posts
    10,068

    Default

    Quote Originally Posted by propertybuyingNZ View Post
    So, the way I see it, I am most likely will lose out , I am pretty sure I did nothing wrong but the odds are not in my favor. Hence I was wondering what happens if I simply dont pay?
    If you just didn't pay then they would have to recover the debt.
    Yes they could initiate bankruptcy proceedings but you'd pay the bill before it went very far - wouldn't you?
    $5k really isn't that much. Maybe agree before hand to split it and call it quits?

  3. #13
    Join Date
    May 2007
    Location
    Hamilton
    Posts
    3,451

    Default

    Can you appoint a friend or another person to act for you in a small claims dispute?

    I agree that would be better to have someone there in person.

    Who sold the property? If it is your company and not you, then I would really try to argue this part well. That way if you lose, the person would be chasing your company and not you! Could make a big difference.
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  4. #14
    Join Date
    Dec 2013
    Posts
    102

    Default

    I would contact the REAA and ask them what their opinion is with this scenario. If the item was working on settlement day, then I believe the buyer would probably not a case in my opinion only.

    When I was selling my mother's house on behalf of her estate, the buyer pointed out that the handle on the dishwasher door was broken at the pre-purchase inspection. This was only two days before settlement, so in the interests of time, I chose to buy a second hand dishwasher and swap it out with the broken one, and the buyer accepted this offer. I installed it and ran it through a full cycle the night before settlement so I knew it was working. Then a week after settlement the vendor contacted me to say the dishwasher had stopped working. I politely advised that it was working on settlement day and that it was no longer my responsibility. I never heard from him again.

    As above, ask the REAA or even a good real estate agent to give you their thoughts on your scenario. Unless it was a new or recently new house, a buyer should expect that appliances etc could fail at any time.

    [EDIT: more info added below]

    http://www.bakermac.co.nz/law/articl...new-house.html

    In a dispute, the starting point is the terms of the agreement. In the commonly used ADLS agreement, the vendor warrants that on settlement, the chattels are in the ‘state of repair’ as at the date of the agreement (fair wear and tear excepted).

    In order for the vendor to have breached that warranty, the purchaser will need to be able to show that the ‘state of repair’ of the chattels on the date of settlement is worse than the ‘state of repair’ of the chattels at the date the agreement was signed. Very few purchasers go through a property and test each element, dishwasher, garage door opener, wall heater, and ceiling fan before they sign the agreement. If the purchaser cannot show that the goods have deteriorated since signing, then the vendor needs only to assert that the chattels are in the same state of repair (on the settlement date) as at the date of signing, and the purchaser can take no action.


    Last edited by SimonW; 27-04-2018 at 05:07 PM.

  5. #15

    Default

    appoint someone as your agent?


 

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