[J25138]

Selling a home and asked to leave prior to Settlement​

I live in a village type gated community in South East of Melbourne. I got scammed a little while ago and the rent in this community is sky high, so I decided to sell. The "Sales Consultant" was useless and had I not employed a Real Estate Agent, I would still be waiting to sell after 6 months. However, I had to drop my price quite a lot and settlement is due on 27th December. I asked if I could possibly have an early release of the deposit as the cooling off period is over. The Community Manager has also asked that I leave my property on the 23rd of December, so that their cleaning team can go through my home before the new owners obtain the keys and move in. I need the deposit to pay for the moving van etc. The Real Estate are saying it is up to the Community Management and the Community Management are saying it is up the the Real Estate and no-one will put their hand up and advise me whether or not I can have the deposit prior to settlement. I still have to pay rent to the community until the 27th even though they have asked me to leave on the 23rd. I am in a quandry.

 

[joany]

Selling a home and asked to leave prior to Settlement​

I live in a village type gated community in South East of Melbourne. I got scammed a little while ago and the rent in this community is sky high, so I decided to sell. The "Sales Consultant" was useless and had I not employed a Real Estate Agent, I would still be waiting to sell after 6 months. However, I had to drop my price quite a lot and settlement is due on 27th December. I asked if I could possibly have an early release of the deposit as the cooling off period is over. The Community Manager has also asked that I leave my property on the 23rd of December, so that their cleaning team can go through my home before the new owners obtain the keys and move in. I need the deposit to pay for the moving van etc. The Real Estate are saying it is up to the Community Management and the Community Management are saying it is up the the Real Estate and no-one will put their hand up and advise me whether or not I can have the deposit prior to settlement. I still have to pay rent to the community until the 27th even though they have asked me to leave on the 23rd. I am in a quandry.

Legally you do not have to leave until settlement date and I wouldn’t imagine you would be entitled to any of the deposit money until that date. Maybe you could clean the unit yourself , if not you do not have to let anyone in until that date unless it is specified in writing In one of the village by laws. Just say no and don’t let them in.

 

[J25138]

Thank you for your advice, it is really appreciated. What if I cannot obtain a furniture removal company on that date? I am wondering what I am going to do then as it is in between Christmas and New Year when a lot of companies close down. Do I have to move out on that date??

 

[joany]

You need to start organising your move NOW, look up on the internet for removal company’s, phone around until you do find one you may have to pay a small deposit to secure their services but organise it ASAP . I hope it all works out for you.

 

[Suzanne rose]

Selling a home and asked to leave prior to Settlement​

I live in a village type gated community in South East of Melbourne. I got scammed a little while ago and the rent in this community is sky high, so I decided to sell. The "Sales Consultant" was useless and had I not employed a Real Estate Agent, I would still be waiting to sell after 6 months. However, I had to drop my price quite a lot and settlement is due on 27th December. I asked if I could possibly have an early release of the deposit as the cooling off period is over. The Community Manager has also asked that I leave my property on the 23rd of December, so that their cleaning team can go through my home before the new owners obtain the keys and move in. I need the deposit to pay for the moving van etc. The Real Estate are saying it is up to the Community Management and the Community Management are saying it is up the the Real Estate and no-one will put their hand up and advise me whether or not I can have the deposit prior to settlement. I still have to pay rent to the community until the 27th even though they have asked me to leave on the 23rd. I am in a quandry.

Wow ! The best one to ask is dept of fair trading

Call 13 32 20 (8.30am to 5pm, Mon - Fri)​

Are you renting or is it your property? Either one the number above can help you

 

[Suzanne rose]

Also if your on a pension contact salvos they might be able to help with the removalist or advise you.


ACT 02 8775 7987
NSW 02 8775 7988
QLD 07 3001 6288
SA 08 8130 6188
TAS 03 6208 1488
VIC 03 8873 5288
WA 08 6210 3288

 

[FredLong]

Sorry for the delayed response, but I wanted to jump in and offer some insights for others who might come across this post. It's best to consult a legal professional specializing in real estate matters. They can guide you on the specific terms and conditions of your agreement, including the early release of the deposit. It's important to have clear communication and documentation to protect your interests. I'm currently exploring property options abroad myself and came across Grupo EcoQuintas. You might want to check them out at www.grupoecoquintas.com. They offer sustainable living solutions that may inspire you, too.

 

[Littleboy8]

Selling a home and asked to leave prior to Settlement​

I live in a village type gated community in South East of Melbourne. I got scammed a little while ago and the rent in this community is sky high, so I decided to sell. The "Sales Consultant" was useless and had I not employed a Real Estate Agent, I would still be waiting to sell after 6 months. However, I had to drop my price quite a lot and settlement is due on 27th December. I asked if I could possibly have an early release of the deposit as the cooling off period is over. The Community Manager has also asked that I leave my property on the 23rd of December, so that their cleaning team can go through my home before the new owners obtain the keys and move in. I need the deposit to pay for the moving van etc. The Real Estate are saying it is up to the Community Management and the Community Management are saying it is up the the Real Estate and no-one will put their hand up and advise me whether or not I can have the deposit prior to settlement. I still have to pay rent to the community until the 27th even though they have asked me to leave on the 23rd. I am in a quandry.

Solicitor for you

 

[Suzanne rose]

Thank you for your advice, it is really appreciated. What if I cannot obtain a furniture removal company on that date? I am wondering what I am going to do then as it is in between Christmas and New Year when a lot of companies close down. Do I have to move out on that date??

This thread came back up. How did you get on?

 

[Nippy]

If the cooling-off period is over, you should definitely be able to get the deposit released. When I was in a bind, I had to get a lawyer involved to push things forward. It was worth it to get the money I needed for moving expenses.

As for moving out early, if you're paying rent until the 27th, they shouldn't be asking you to leave before then without some kind of compensation. I had to negotiate a bit when I was asked to move out early, and it helped to have everything in writing.

Next time, you might want to consider cash house buyers. They can often make the process a lot smoother and quicker.