Conveyancing Q&A – Vendor demands more money before settlement

In this week’s Conveyancing Q&A, Hilary Jenkins talks about property sharing agreements.

I am about to settle on a house.  The agreement is now unconditional.  The vendor is leaving the country immediately after settlement and has
now told my solicitor that unless I pay an extra $7,000 to purchase all the chattels off her she will instruct her solicitor not to settle.  Do
I have to pay?  What should I do?

Your agreement will list the chattels for the property within the agreement and the listed chattels form part of the purchase price. A vendor is therefore
obligated to provide the listed chattels to you at
settlement which should be in the same state of repair as when you signed your agreement to purchase and so an additional price can’t be put on
the chattels listed in the agreement.

If your vendor is wanting you to purchase other chattels she wishes to leave behind, you are not bound to agree to purchase these and they should be removed
by the vendor by
settlement.

Disclaimer – The answer provided above is informational and should not be relied upon as legal advice.  For personalised legal advice, please feel free to contact Lifestyle Legal Services Limited or your professional legal advisor directly.  

Hilary Jenkins Hilary is the director of Lifestyle Legal Services and a veteran of the conveyancing industry having built up an impressive work history of over 20 years (15 of which as a Registered Legal Executive). To date, Hilary has played an integral part in the success of a wide range of residential and commercial transactions.  Lifestyle Legal stem out of Hilary’s passion for the property industry and desire to offer clear and down-to-earth advice for her customers.

Do you have any conveyancing related questions for Hilary?  Email your questions through to [email protected].