Bought home off plan - defects

Discussion in 'The Buying & Selling Process' started by Cumulonimbus, 16th Feb, 2021.

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  1. Cumulonimbus

    Cumulonimbus Active Member

    Joined:
    2nd Oct, 2015
    Posts:
    32
    Location:
    Melbourne
    Deal structure - me > real estate agent > developer > builder

    Timeline:
    - I put offer in on home off plan in July
    - Offer accepted (October forecast construction completion)
    - Covid
    - Delay, delay delay
    - Settled 1st week of Feb
    - now living in home

    I moved into the home on the weekend and have picked multiple defects. The electrical work is still incomplete. There are loose cables hanging out of some walls. The floorboards are damaged as they didnt protect them. Various other smaller defects. They have agreed to fix them but the biggest defect is the layout of the garden which they said they will look into. The plan that i bought off (that was in the contract) shows a decent garden layout with the water tank tucked away in the corner of the property. The water tank has been built in the wrong place. There is a timber deck that is also cut short of where it needs to finish. I dont have the AC remotes or garage door remote.

    The stairs have also been designed really tight, so tight that i cannot get my fridge in. They have offered to get a scissor lift in and lift it into my lounge through the balcony on the first floor. Multiple units have the same issue here.

    My question is- should i start legal preceding's? I have emailed the devloper a complete list of all the defects i want fixed but i have not got definitive timelines or answers on all of them.

    Any help appreciated
     
  2. The Y-man

    The Y-man Moderator Staff Member

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    For the garden and deck, check your contract for allowed variations.

    The Y-man
     
  3. Ace in the Hole

    Ace in the Hole Well-Known Member

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    Maybe get the whole place checked to see if it's been build to Australian Standards.
    If you're having trouble getting regular furniture in and out then there will be issues if you want to sell later.
    Was a pre-settlement inspection done?
     
  4. Cumulonimbus

    Cumulonimbus Active Member

    Joined:
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    Location:
    Melbourne
    yes pre settlement inspection was done. Defects were identified and the developer called me to tell me the builder will have them mostly fixed by the time i move in. And will be around for another couple of weeks after i move in to work on them.

    I dont feel like they are making much progress. I think they are scrambling to get power working in the other units before the other owners move in.
     
  5. The Y-man

    The Y-man Moderator Staff Member

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    Ask your conveyancing lawyer as a start point (please tell me you used a lawyer....)

    The Y-man
     
  6. Angel

    Angel Well-Known Member

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    Location:
    Paradise, Brisbane
    And not a lawyer recommended by the developer/agent.
     
  7. Cumulonimbus

    Cumulonimbus Active Member

    Joined:
    2nd Oct, 2015
    Posts:
    32
    Location:
    Melbourne
    I did Y-man, yeah emailed her through details yesterday.

    I have had a read of my contract, attached snap shots.
     

    Attached Files:

    Last edited: 17th Feb, 2021
  8. spludgey

    spludgey Well-Known Member

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    Sydney
    This one is the only one that I see as you potentially just having to live with, if the width is the same as in the plans. Have you checked?