Isn’t That A Fixture?

Not all home purchases run smoothly.  Recently, our conveyancing team, led by Evelyn Gardis, Partner and expert in property conveyancing, acted for a purchaser who did not want to settle the purchase on the contracted completion date.

The Reason:

At final inspection, the purchaser pointed out to Evelyn, the vendor had removed a fixture, which in accordance with the contract, should be retained with the home and should not have been removed.

Action Taken:

Evelyn and her team contacted the vendor’s solicitor and pointed out that what had been removed, was in fact, a “fixture” and needed to be returned before settlement.

Outcome:

Fortunately, common sense prevailed and the vendor returned the item to the home.  This allowed the purchase to proceed and ensured that all parties complied with the contract.

Evelyn commented “it is important when acting for a party in a sale/purchase of a home, to fully explain what stays and what is allowed to be removed by the vendor, prior to settlement.

Fortunately, we had indicated to the vendor’s legal representative, just what had been taken.  They agreed with our interpretation of “fixtures” and the item was returned prior to settlement.

If you are intending to sell or buy, please contact Evelyn Gardis and her conveyancing team for a fixed fee quote.  Call 1800 600 664 or complete the contact form on this page.

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