Bought new townhouse - agents not responding to defect repair request

Discussion in 'Repairs & Maintenance' started by Alex91, 28th Apr, 2020.

Join Australia's most dynamic and respected property investment community
  1. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

    Joined:
    18th Jun, 2015
    Posts:
    41,675
    Location:
    Australia wide
    I would get the solicitor involved now.
     
  2. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

    Joined:
    18th Jun, 2015
    Posts:
    23,319
    Location:
    Sydney
    Solicitor may want to serve a Reg Post letter to the builders registered address (assuming its a company). They cant then dispute the service eg if you send an email. A letter sent and received is as good as opened. They could be affected by CV19 and unable to work etc. Emails arent legal service of a notice usually where a reg address is. Nothing to do with the agent to be honest. Their job ended when it settled and likely will never count as being delivered.

    I assume you refer to minor defects like plaster defects, exposed nail, paint etc. Not major structural issues. Many states have a single reportable event rule which gives you one crack at this process and if its not followed to the letter the builder can shrug and walk away. Good you are taking it literally for the number of days.

    If that fails your state Fair Trading or Builders Licensing would be worthy of a complaint.
     
  3. Alex91

    Alex91 Member

    Joined:
    23rd Oct, 2019
    Posts:
    9
    Location:
    Wollongong
    thanks guys, will forward everything to the solicitor as well.

    possibly stupid question but would this still come under the services we paid for at settlement or is this a new service?
     
  4. Alex91

    Alex91 Member

    Joined:
    23rd Oct, 2019
    Posts:
    9
    Location:
    Wollongong
    no major structural issues. the main ones are the shower with no pressure (have showed a video of it to a builder i work with and he said the mixer was installed incorrectly and should be easily fixable) and a missing shelf in the kitchen. the other things are just aesthetic from poor workmanship.
     
  5. The Y-man

    The Y-man Moderator Staff Member

    Joined:
    18th Jun, 2015
    Posts:
    13,443
    Location:
    Melbourne
    If they are worth it, pay them.

    The Y-man
     
  6. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

    Joined:
    18th Jun, 2015
    Posts:
    41,675
    Location:
    Australia wide
    Depends on your contact with them.
     
  7. Alex91

    Alex91 Member

    Joined:
    23rd Oct, 2019
    Posts:
    9
    Location:
    Wollongong
    Update for anyone interested.

    Agent got back to me less than an hour after i emailed him and now the admin team have got back to me this morning saying the builder is organising the trades for the defects at the complex and works are expected in the next 3 weeks. Also not to worry about the 60 day limit...
     
  8. SeafordSunshine

    SeafordSunshine Well-Known Member

    Joined:
    24th Jun, 2015
    Posts:
    993
    Location:
    Sydney
    Worry about the 60 days!
    Make sure they know you are on the ball!
    I hope this helps
     
    Archaon likes this.
  9. Archaon

    Archaon Well-Known Member

    Joined:
    20th Mar, 2017
    Posts:
    1,896
    Location:
    Newcastle
    Make sure you keep a record of all delays/emails etc if they do want to vanish after 60 days, if you have them saying they will effect repairs then they should be true to their word.