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Thread: implied inclusion house listing

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    Default implied inclusion house listing

    Hi

    the owner of the house next door has listed his house on the market for sale. in the advert the real estate agent has implied that there is "even space for the pool" in the pictures you can clearly see the pool through the window. the issue is the pool in the window is my pool in my back yard.

    Any potential buyer interstate will think that this pool is part of their property.

    Their block is not big enough to build a pool and the sewer lines run through what little yard space they have. (I had to get the details on underground piping for when i was getting my pool built so i know this is the case as does the owner of the property because he demanded i provide him a copy of the building documents when he was accusing me of causing the flooding issues his property has had since years before the pool was built.) so no matter what way you look at it, this is not true.

    My concern is that if he is saying that it is part of his property when someone buys the house then they are going to think that is part of the house. and at the very least they may want use of the pool on the grounds they where sold the house with it as part of it.

    What should i do?



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    Quote Originally Posted by bazzy View Post
    What should i do?
    Nothing..... it's not your problem.

    I assume there is a fence between the two properties and documents will also show boundaries.

    How about posting a link to the ad, or the 'exact' wording of it, as your interpretation of 'implied' may not be what is actually being said.

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    the real estate company is responsible for any misleading adverts and are obliged by law to make any corrections and pay compensation to you and any cost to anyone that has been mislead by it suggest you go and view the property then ask about the pool . then you can make a claim for your time and travel and any other costs you incurred in coming to view it ?

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    Quote Originally Posted by bazzy View Post

    What should i do?
    FFS are you serious. As stated it has nothing to do with you. false advertising. nothing to see here
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    If it helps you sleep better, just contact the agent and clear up the misunderstanding before anybody ends up in rage and violence.

    Edit: If your pool can not be seen from a public space(the road) it may be illegal for somebody take a photo of your private space and publish it without your consent.
    This is akin to using drones to take photos of ppl's backyards. Only governments and Google are allowed to spy on you.
    Last edited by Uncle Fester; 11-02-21 at 09:57 PM.
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    dont worry about it mate - the agent said " there is even space for the pool " not " there is a pool" .
    its like a photo of the beach or the seaside as a backdrop.

    people have to do thier own research anyway as 99% of people know that estate agents are bull shyte artists.... the scumbags up here even advertise properties as beachfront when they are about 5klm from the beach. Absolute beachfront is about 1klm from the beach to these turds

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    Quote Originally Posted by mtv View Post

    I assume there is a fence between the two properties and documents will also show boundaries.

    How about posting a link to the ad, or the 'exact' wording of it,
    Obviosly if i post a link to the listing i will be basically putting my address on the internet. so I will give you the exact wording.

    "The fully fenced 645m2 block, with large front and rear yards ready for you to create your own tropical oasis and there's even plenty of room for the pool."
    there is no back yard as the house is up against the boundary fence only leaving 1.5m between. the yard space is at the front and side of the property. additionally they have taken a photo from inside the house in a spectacularly creative way that shows my pool and back yard but not my house in the picture but is taken in a way that crops the boundry fence out and shows only the pool fence. So anyone looking at that will think the yard at the back is part of the sale.

    Quote Originally Posted by porkop View Post
    FFS are you serious.
    Very serious. as a few of the people in the area i know bought their houses sight unseen when moving up interstate. and i like to get along with my neighbors and i am fairly sure that if they buy the property under the pretenses that it has these amenities that it doesn't have it may be the source of tension between the new owner and me. I want to avoid the possibility of escalating spiteful activity.

    Quote Originally Posted by VroomVroom View Post
    dont worry about it mate - the agent said " there is even space for the pool " not " there is a pool" .
    its like a photo of the beach or the seaside as a backdrop.
    My concern is the combination of the way they have worded it first setting it up to sound like there is a "back yard" then mentioning a pool and showing a photo with a pool.
    i mean the intention is obvious they mean to be misleading, why specifically mention a pool? why not a shed or a gazebo? people would be much more likely to build a shed than a pool
    Last edited by bazzy; 12-02-21 at 10:46 AM. Reason: typo

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    Quote Originally Posted by bazzy View Post
    I will give you the exact wording.

    "The fully fenced 645m2 block, with large front and rear yards ready for you to create your own tropical oasis and there's even plenty of room for the pool."
    there is no back yard as the house is up against the boundary fence only leaving 1.5m between. the yard space is at the front and side of the property.

    On my street there are two properties with a pool in the front yard with privacy screens and around the corner one with a pool on the side of the house.


    Quote Originally Posted by bazzy View Post
    additionally they have taken a photo from inside the house in a spectacularly creative way that shows my pool and back yard but not my house in the picture but is taken in a way that crops the boundry fence out and shows only the pool fence. So anyone looking at that will think the yard at the back is part of the sale.
    You could ring Fair Trading and ask what they think about it.


    Edit: I assume you have them also in QLD.

    ...but I think you should consider what I wrote in my first post. Just ring the agent and express your concerns.
    Last edited by Uncle Fester; 12-02-21 at 11:46 AM.
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    Quote Originally Posted by bazzy View Post
    Obviosly if i post a link to the listing i will be basically putting my address on the internet. so I will give you the exact wording.
    You already did.....



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    I guess the photo you are complaining about is something like this ....



    Actually there appears to plenty of room to the left of the house for a pool.
    Last edited by RogerTheDoger; 12-02-21 at 10:00 PM.

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    If you were stupid enough, not to look at the other photos, you'd deserve what you got.
    I'm out of my mind, but feel free to leave a message...

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    Quote Originally Posted by hoe View Post
    You already did.....



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    But on a serious note, there is nothing in the text or photos that misrepresents the property as having a pool, or that represents the pool pictured through the window as being part of the property.

    The photo you appear concerned about an inside shot that clearly intends to capture the kitchen, dining and hallway. It in no way implies the glimpse of the pool captured through the window to be part of the property for sale.

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    Quote Originally Posted by RogerTheDoger View Post
    I guess the photo you are complaining about is something like this ....



    Actually there appears to plenty of room to the left of the house for a pool.
    Im firstly actually a little concerned that you where able to find my address like that. i dont actually recall posting it anywhere.

    Secondly as stated in my original post when i built my pool the owner of that property demanded that i give them the documents showing the plans and approval for it. Part of that was a map of the pipelines on the lot and surrounding mains and sewer lines. This clearly shows the sewer line going under that property at an angle towards the pumping station. There is simply no way a pool can go into that yard. They know this.

    additionally A. there wouldn't be enough room in the side yard for a pool the photo of the yard is actually very deceptive. and B. the ground is on too much of a slope to build a pool, and they will not be able to get council approval, as i said before, why a pool? why not a shed? people are much likely to want to put a shed in.

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    Quote Originally Posted by bazzy View Post
    Im firstly actually a little concerned that you where able to find my address like that. i dont actually recall posting it anywhere.
    You didn't, but you did post the actual wording of the ad, and Google search is quite wonderful.

    As far as building a pool goes, it can be done, sewer or not, when I lived in Brisbane many years ago I wished to make provision for a pool, so I organised for the sewer to be moved. My block slopped also and I'd planned on a cut and fill operation for a pool, ie the soil dug out at one end would be piled up around the other end to make the top of the pool level. But I moved with work, before it happened.

    I concede some people buy sight unseen, more fool them, but please don't go anticipating any comeback against yourself if they've made a mistake, it's their problem completely. That house although basic is not a bad buy at $249,000 I'll let my mate whose looking for a place know about it.

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    If it were me, I would get some "Clothing Optional" signs and place them strategically around YOUR pool. This might open some dialog between you and the real estate agent.

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    Quote Originally Posted by VroomVroom View Post
    dont worry about it mate - the agent said " there is even space for the pool " not " there is a pool" .
    its like a photo of the beach or the seaside as a backdrop.

    people have to do thier own research anyway as 99% of people know that estate agents are bull shyte artists.... the scumbags up here even advertise properties as beachfront when they are about 5klm from the beach. Absolute beachfront is about 1klm from the beach to these turds
    " there is even space for the pool " is open for arguing there is an existing pool.

    It should say " there is even space for ADDING A pool "

    It also appears a nice lawn tractor is included!

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    Quote Originally Posted by bazzy View Post
    Im firstly actually a little concerned that you where able to find my address like that. i dont actually recall posting it anywhere.

    Secondly as stated in my original post when i built my pool the owner of that property demanded that i give them the documents showing the plans and approval for it. Part of that was a map of the pipelines on the lot and surrounding mains and sewer lines. This clearly shows the sewer line going under that property at an angle towards the pumping station. There is simply no way a pool can go into that yard. They know this.

    additionally A. there wouldn't be enough room in the side yard for a pool the photo of the yard is actually very deceptive. and B. the ground is on too much of a slope to build a pool, and they will not be able to get council approval, as i said before, why a pool? why not a shed? people are much likely to want to put a shed in.
    Give a copy of that piping paperwork to the agent. Once they have seen it, they must disclose it. They can choose ignore it and rely on sellers signed disclosures, but you have done what you can to that point.

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    Quote Originally Posted by RogerTheDoger View Post
    That house although basic is not a bad buy at $249,000 I'll let my mate whose looking for a place know about it.
    Ok let him know however that it has the following things that need doing to the place.
    1. the floor boards in the kitchen in front of the stove need replacing due to rotting
    2. the Air conditioner is faulty. it no longer cools.
    3. the gutters need replacing as the owner didn't clean them in the last 6 years and they have rusted through.
    4. the bathroom wall covering needs to be repaired as it came off and it has only been glued back on from my understanding with glue.
    5. the cyclone rods are loose and will need to be repaired.
    6. the front veranda and steps need to be reinforced and or re-seated as they are very loose.
    7. several stairs need to be replaced.
    8. the property is on a slope and the back of the house will need drainage put along it to stop water from flooding under the house to make it usable. (this is why the owner demanded the paperwork for my pool. he thinks the flooding is caused by my pool however it has been flooding there long before the pool has been there.
    9. the carpet should be replaced as someone died in the hallway (heart attack) and the blood stain from where he fell was only cleaned off.
    10. the fly screens need replacing because the the frames have buckled and don't fit anymore.

    These are things tenants have asked to have fixed before but the owner would just evict them rather than fixing the issues. They used to complain about it when i would talk to them.

    Additionally my house was valued back last year by the bank when the pool was built and they valued my house at $250 000 with the pool and a bigger yard / block so i don't really see it being worth 250K especially when there is one across the road that is in much better condition that is on the market for 235k that has been sitting for more than 6 months.

    Honestly if it was in better condition i would consider buying it.

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    Quote Originally Posted by RFI-EMI-GUY View Post
    " there is even space for the pool " is open for arguing there is an existing pool.

    It should say " there is even space for ADDING A pool "
    Unless of course ir's a typo missing the word 'table' ..ie " there is even space for the pool table", which itself is another value add catch phrase one sees quite a bit =)

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    I can see another dwelling through the window in one of the pictures, is that included in the price? Also photo 12/14 of the real estates series of photos have a car in the back ground, can I have that as well?

    See where I am going?

    You really thing that someone will try to lay claim to something that is not theirs to claim simply because it overlaps a photo of what they are buying.

    I say, go for it.

    Let them waste their money. If it’s yours within your property, good luck.
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