Buying and Selling Fixed Items

rayw000
Community Member

For a long time know I have read in certain areas of selling "Buyer to Dismantle/Remove", usually relates to kitchens, wardrobes and other items located in domestic or commercial properties that are attached to walls or floors. Recently a good friend bought a kitchen that had to be removed from a dwelling being renovated and was unoccupied. The seller advised all water and gas was disconnected let him in to remove the kitchen and left him to do it. He removed some cabinets and then removed the dishwasher and then removed taps on the sink and to his surprise the water was NOT turned off, water gushed out everywhere he tried to put the taps back on to no avail. He then tried to find the water metre outside to no avail. He called the seller and she advised where is was, it was actually buried in the front garden. The seller returned to the house, water was everywhere damaging timber flooring and new walls.

The seller is now claiming damages against my mate for some $4000 to $5000 as her insurance company will not cover it as he was not a licenced builder OR plumber. Buyers have to be aware that if they damage a persons property whilst removing something they could be held liable and sellers should be aware that having a person remove items that are attached to walls and floors and their property is damaged their insurance probably might not cover them and the person removing it, unless a trades person sent by the buyer will have no insurance. In this day and age of litigation you have to very careful. 

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Buying and Selling Fixed Items

The seller should have been present when the removal was being done and they buyer was advised it was all ready to be removed so it is not the fault of the buyer.

The seller should not have the water access tap buried either.

 

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Buying and Selling Fixed Items

I wouldn't have thought the seller had a leg to stand on, or rather a flipper to swim with, they gave the buyer permissiion to go ahead and remove the kitchen and the only way they would get any money out of me would be as the result of court order and I doubt any court would find in the seller's favour.

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