This is just an unbelievable mess the lying estate agent and sneaky vendor have got you in.

- Stamp duty is payable after the settlement, as far as I know
- Read your contract of sale. If the vendor is the cause of delay, common sense says you should not be paying penalty rates. But the contract of sale should have a clause explaining the Vendor’s and the Purchaser’s rights in that regard.
- real estate agent can recommend any conveyancer, it is legal for you to use the same one as the vendor, but does create a conflict of interests.
- A standard contract of sale from REIV says that you have right to inspect the house any day within 7 days prior to settlement (try to find that clause in the contract)
- I am not sure about ending the contract at this stage without losing the deposit – you really need a lawyer to answer this question and explain all the consequences.

Please keep us posted on how this works out for you. Good luck!

You could try to get the landlord / estate agent speak with the neighbors about this first, then break the lease? Or perhaps you could even speak with them yourself?

I would feel the same way. I would gather all the things that went wrong and ring the Consumer Affairs or Tenants Union in your state, they should be able to give you step by step advice how this can be solved. Here is a link to an article I wrote with contact details for services where tenants can get friendly help http://www.homeiown.com/renting-a-house-and-have-a-problem-heres-how-to-get-help/

When this is over please update us here on what happened and how it was solved, OK?

So sorry to hear you have to put up with this all, and that it inconveniences your family. I think that the options are either (1) break a lease and pay the costs, or (2) get the landlord to cooperate. You can get help with (2) through tenants’ union or consumer affairs in your state. Have a look at this article http://www.homeiown.com/renting-a-house-and-have-a-problem-heres-how-to-get-help/ – it lists all the organizations that can help you make the landlord listen to your requests. Hope you can solve this soon!

This certainly sounds suspicious. I suggest that you contact an organization such as Tenants’ Union or Consumer Affairs – there is a list in this article http://www.homeiown.com/renting-a-house-and-have-a-problem-heres-how-to-get-help/. They will be able to suggest the right way to handle the situation.

It should be as simple as that: if you’ve lived 12 months in that rental house, you should pay for 12 months, not 13. The bond doesn’t count towards the rent, you pay it in the beginning of the tenancy and get it back at the end of the tenancy. Hope that helps.

Did the TUV people suggest a course of action? From what I know they can provide tenants advocacy services or at least tell you what legal action you can take against the landlord. Keep us posted here, we’d like to follow your progress.

Sound like you need legal advice, not just a “common sense” advice. I suggest that you read my article here http://www.homeiown.com/renting-a-house-and-have-a-problem-heres-how-to-get-help/ – it lists all the organizations in all states that help tenants solve problems such as the one you described. I am sure that Tenants Union in your state can help you with this.

Cheers,
Chris

You can get advice and complete answers to your questions from a Tenants Union in your state – I’ve just written an article that lists organizations in all states that deal with tenancy issues and represent tenants’ interests. Please go here for the details http://www.homeiown.com/renting-a-house-and-have-a-problem-heres-how-to-get-help/

Cheers,
Chris