Is there anything we can do?

We've just moved into our new house - hooray! While it's been very exciting and we love our new home, there were also some disappointing moments that first day.

The first one was when we pulled into the driveway to see that the property hadn't been touched since we saw it over two months prior. It's a lot of land, and there's no lawn or anything, just a lot of weeds. When we came to see the place they were cut really low, and the guy had a ride on mower in the shed. But he didn't touch them the whole time he was here until moving out on the 22nd. The grass was really tall, and with the weather we're having here it's a real fire danger. We're just lucky DH found a cheap second hand ride on mower - it rained and then he cut it all the next day.

Next we went inside, and found scuff marks and dents on a lot of the walls from where they've moved out their furniture. Some needs plaster cover-up (not an issue as DH has everything we need, but still) and some just needs new paint, but it's almost every wall. They also have a lot of hooks everywhere, which wouldn't normally matter except that they've been rough taking their stuff off and now some of the hooks aren't even in the wall properly!

The second bedroom had a bathmat in the doorway, and a large floor rug in the middle of the room. We figured they just didn't want it, it's filthy. But when we went to chuck it, we found a big square of carpet cut out of the middle of the floor! The bathmat in the doorway is covering a huge stain. We couldn't see the fourth bedroom properly when we came to look at it, as they'd piled all of their junk in there. Now we can see that it needs to be completely re-painted and re-carpeted. Actually all bedrooms except ours need new carpet. We're also thinking the silly upside down mirror that's been randomly screwed to the second bedroom wall is most likely covering a hole or something.

We saw when we came through the first time we noticed they'd mounted their bedroom TV on the wall - we even commented on it as we wanted to do the same. It's not until we moved in that we realised the only power outlets are on the other side of the room. They must have unplugged the TV and tucked away the cords so it would look neater, and now we have a cord running around the room and up the wall to get power to the TV.

Those are the main things, but it's frustrating because it seems like they just didn't care. I feel like we should have fought a lot harder for a lower price, considering we now need to paint and get new carpet. When we sold our first house we put so much work into it to make it it was perfect for the new owner, and the house we just left has had weeks of work done on it to leave it in excellent condition for our tenants. We just didn't really think other people wouldn't do the same :(

So I'm wondering, should we have looked at all this stuff better when we came to look at it? Maybe a building inspection? (We didn't get one because the house is so new.) Is there anything in the contract (which is still packed) to say they need to leave the place in good condition? Or at least the condition it was when we inspected it? It is all fixable, I just feel like they should have taken more care :(

Did you have a pre-settlement inspection - usually 3 to 5 days before settlement? If you did have one and didn't raise concerns then, then you are considered to have accepted the condition of the property. The grass etc should have been maintained and you could take it up with the agent but TBH, its probably not worth the hassle.

As for everything else, its likely they will say any damage to the walls etc was already there, especially if the place generally needs painting and is a little run down. Stuff like matts covering holes, stains etc is unfortunately something I think you maybe should have looked harder for when you were first considering buying. If you feel really strongly about it, maybe take it up with your agent and see what the initial response is.

Its really frustrating when you move into your new home and find it really neglected. When we moved to our new home almost 2 years ago now it was so filthy I refused to let the girls walk around without shoes on or use the bathroom until I had scrubbed it for literally an entire day. Kitchen cupboards were literally cms thick in dust and dead insects. Made me feel pretty disgusted at how the previous owners were obviously prepared to live. I talked to the agent about the state it was in and she said we could arrange an inspection, and then get some money back off the previous owners for cleaning costs but TBH I couldn't wait that long and just needed to get on and clean it myself so we could unpack. I was frustrated with myself for quite a while that we didn't negotiate a bit harder too given the state of the place.

How disappointing for you!

As far as I understand, the laws differ state by state as to what rights and responsibilities exist for sellers and buyers. In WA, the the seller is expected to maintai the property in a similar condition to what it was in at the point of offer/acceptance and signing of the contract. The buyer is expected to perform a 'final inspection' a few days before settlement to ensure the property still is, indeed, in that state. The person to speak to initially (at least in WA) would be your settlement agent, as they act on your behalf and should be able to let you know what rights you may have.

i hope you can work something out, and start to enjoy being the owners of the house!

We just sold our house and the buyers made it condition of settlement that the house be left clean, tidy, lawns mowed, a window to be fixed etc as well as all the usual legal stuff. We had to sign off on this to say we would do it. before settlement date the buyers will come through and check that we have carried out our end of the deal before settlement officially goes through.

As far as I gather, unless you stated the same (eg, condition of settlement that the carpet replaced, stains removed, dodgey room repaired) I think you are stuck between a rock and a hard place in afraid.

Thanks girls. Putting it in the contract would have been a good idea! I think it's just stuff that we thought would be obvious - maintain the grass, watch out for walls when you move furniture.

We didn't do a final inspection, I don't think they do that in SA? I hadn't heard of it anyway. I guess we just should have looked better/harder when we were here. It just would never occur to me to check the carpet under a bed, under a rug! I'd think that would be the cleanest spot!

I think I probably just needed a bit of a rant lol. It is a great house, fairly new, and the issues I have are small and fixable. At least I'm now looking at the big picture and loving it :)

Without getting a building inspection or putting it in the conditions there really is nothing you can. Some of these things were like that when you looked so its as it is. Sadly these people sound a little dodgy and like they didn't care at all....were they tenants or the previous owners?

We have just purchased a house but it's empty so nothing is hiding but are having a building inspection tomorrow and will be there to go through everything, new or old it has to be done as there are things we can't see and some people sadly are not trustworthy.

Sorry it has been like this for you. What was your agent like can you speak to them?

Kaytee we are in SA and had a pre inspection for the block of land we had purchased to make sure it was cleared as per contract, he actually finished off the work required on settlement day. The convayencer and agent said we could withhold some of the funds until everything was done but it was so close and we had faith in him to do the right thing so paid the full amount. He finished it off the next day

When we sold our house I dont recall them having a pre inspection but I think my house was cleaner then than anytime since we had lived there. Its just corteous to make sure the bins are put out so they have empty bins, lawn mowed, house cleaned and tidied and to take care when moving. After our contract was finalised my lovely DD's used a premanent marker all over the carpet in one of the bedrooms, we got it off but I still paid for a carpet cleaner to come through after we had moved our stuff out.

I must admit when we were packing I moved the change table and found a huge carpet stain I had forgotten about underneath :redface: so that was also improved by the carpet cleaners. We hadn't put the change table there to hide the stain for sale but we had moved it when we setup the nursery so we didnt have to see it.

Glad you are enjoying your new house, hopefully all the things you need to do will help you make your mark on the place