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Q&A - Understanding legalese

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14
Answers
Belgium
residential lease
Understanding legalese
CMH -
Feb 3, 2012

Hello, I'm moving into an apartment which has been fully renovated but I don't know whether all the electrical applicances are newly-installed. I asked the owner if I could have proof of maintenance of all the electrical appliances or to tell me whether they are brand new or still under guarantee. She sent me the following reply:

"La mise à disposition des appareils ménagers repris dans l’état des lieux est contractuelle."
=
"The provision of appliances included in the inventory is contractual."

But what does this actually mean?

Thanks,

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It means that she's not understood the question. She is saying that it is her contractual obligation to provide all the appliances mentionned in the état des lieux.

J
Feb 3, 2012

That is the reason why you pay an expensive Belgian expert to perform the initial house inspection.
(S)he will check everything during hours and then send you a very detailed report with pictures.

You have 30 days after having got the report to submit any remark you would have.

Like your landlady told you this report is part of the contract and needs to be registered together with the contract.

After the 30 days, all the maintenance tasks (like fix, repair, clean, maintain) fall under your responsibility.

Topgun
Feb 4, 2012

HAL
Which part of 'what does this actually mean?' did you not understand?
How do you think that your response answers the question that CMH asks?

kasseistamper
Feb 4, 2012

"but I don't know whether all the electrical applicances are newly-installed"

Answer: The expert will determine that.
Clear enough???

Topgun
Feb 4, 2012

HAL, why why why do you rarely answer questions? It took me 2 seconds to understand why the OP wants to know how old the appliances are, if they are in guarantee it means not paying if they break! Also, if a washing machine for example breaks down and it is in fact 6 or 7 years old, it might affect the OP's decision to repair or replace. It's a simple question that the OP's potential landlord hasn't understood as the landlord's response, like your responses, has not answered the question!!!!!!!!

OP our landlord gave us the purchase receipts of the dishwasher, cooker and fridge/freezer and they were kept in a folder with the appliance instructions. We never had to fix any of these, but yes we could have got the diswasher fixed as it was in guarantee when we took on responsibility for it when we signed the contract, hopefully your landlords has a similar file you could look at BEFORE signing the contract. The age of appliances were also written in our état de lieu, the dates of painting the walls and re-varnishing floor were NOT, wish they were, these facts prove quite useful to the exit expert when calculating possible damages - our landlord claimed the house had been repainted before we moved in 3 years earlier, he had to admit this was a lie to the exit expert, they had been painted 8 1/2 years earlier, it meant the exit expert refused all possible costs on the walls the landlord was pressing for. You are quite wise to want to know the age of appliances, in fact ask the age of all works done to the house, ask the entry expert to write this in the état de lieu to protect you on exit from possibly a lying landlord.

I
Feb 4, 2012

That is the reason why you pay a very expensive EXPERT!!

He will determine how old are the appliances and write down all the facts and figures in his/her report.

Expert never require to see bills!

Is is so difficult to understand?

Topgun
Feb 4, 2012

Oh HAL, I did not say the experts ALWAYS require to see bills, your level of English comprehension is truly appalling and it hampers your ability to give accurate responses. In our case the expert DID look at bills (well in fact proof of age of paint on the walls) - she looked at the paint tins the landlord had put in the house (against the contract he had spend a month letting himself into OUR rented house and started renovations whilst we were still occupying the house, very strange position having an uninvited house guest, in retrospect we should have called the Police when he continued to let himself in without prior permission) which did indeed have the purchase cost and date printed on them and told the landlord he must stop lying to her. So the expert never requires to see bills? Are you saying therefore that I am lying as our expert did exactly that? The exit expert also asked the landlord the date of installation of the kitchen and the appliances in it.

I
Feb 4, 2012

The next time I ask a question I will specifically request that HAL/cfdq/Frieda DESIST from replying! It is so exhausting!

Thank you "I" for mentioning some things to check with the expert and the subsequent report. I have never used these people before but the owner insists. Anyway I will be meeting the owner next week to sign the contract and can put the question to her again, in person.

Thanks again,

CMH
Feb 4, 2012

Freida aka HAL aka cfqd says: "Expert never require (sic) to see bills!"

So how on earth does he determine the age of an appliance? "That looks a bit knackered, could be 4." "That looks ok to me, I'd say 2 years".... Or does he just take the word of the landlord? Seems a ludicrous statement to me. Makes me even more wary of the process, if our friend F is to be believed. Ha!

Hey ho.

CMH
Feb 4, 2012

Belgian certified experts have the ability to recall the purchase dates of all appliances bought by landlords in Belgium, that is truly an astonishing ability!!!! Even I cannot remember the purchase dates of our own home appliances without looking at receipts.

Just one last thing. The exit cleaner we had for our last house did such a good job on the 8 1/2 year old oven and hob that they really did look like they were newly purchased. I don't know how the exit expert could possibly have known the age of these appliances, had she not had sight of the purchase receipts, as based on appearances, they were brand new or looked barely used. Even the landlord admitted that he was pleased with the state of the kitchen which was cleaner than when we moved in 3 years earlier.

I
Feb 4, 2012

Belgian experts are able to discover if an oven has never been used, yes or not!!

Therefore they have got their certification!
They belong to an official order:
http://www.obge-bole.be/fr/
and report only to Belgian courts.

Topgun
Feb 4, 2012

yes Belgian experts have also the power to see into the past lives of every single oven in Belgium!!!!!! LOL the answers become even more absurd.

I
Feb 4, 2012

Frieda/Hal-If you think you are so right, why not just leave it at http://www.pim.be/? It IS a very helpful website. A decently smart person is going to double check the information provided here anyway. I can hardly believe a poster would take one person's advice from this Q & A and assume it is definitely the law. Anyone can ramble on, like you, and sound smart to a gullible person. If I were to ask a question here relating to a rental property, I would only add the comments to questions I would have for a professional.

Sorry, CMH. I don't have an answer and was just curious about the cause of so many answers. Getting a little tired of this character with the changing names. I can only guess Frieda/Hal is very unhappy in her/his own life.

cara
Feb 4, 2012

It is how it works here...

So if you prefer, just buy your home!!

But the bank will also send an expert to determine the value of the property.

You and me have nothing to say. Experts are king in this country. The whole system is based on experts...

That you buy or rent...

Topgun
Feb 4, 2012

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