False advertisement re: inclusions/upgrade

Discussion in 'The Buying & Selling Process' started by Andy909, 5th Mar, 2017.

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Should I deposit and pursue negotiations or wait?

  1. Yes, deposit and pursue

    0 vote(s)
    0.0%
  2. Dont deposit, wait

    100.0%
  1. Andy909

    Andy909 Active Member

    Joined:
    5th Mar, 2017
    Posts:
    30
    Location:
    Sydney
    Hi guys,

    I am about to submit deposit money with builder/developer and need your advice on this false advertisement situation.

    The advertisement flyer for the property said 14kw aircon included. However when I went to deposit money, they said aircon $11k is part of upgrade and not in standard inclusions.

    They said it's a marketing dept mistake that they mentioned aircon in flyer. I told them that my buying decision was based on advertisement and I would like it to be included. They said it's highly unlikely that they would agree.

    What are my options? As a first home buyer, the house is reasonably priced and I don't know want to miss this opportunity. I am thinking of depositing the 2k deposit and then negotiating the false advertisement before I sign the contract. or should I wait.

    Your advice is appreciated.

    Thanks
    Andy
     
  2. Joynz

    Joynz Well-Known Member

    Joined:
    5th Apr, 2016
    Posts:
    5,755
    Location:
    Melbourne
    I don't think you have a hope.

    They made a mistake and they will have told you it was a mistake before you signed and paid the deposit. You are making a choice in full possession of the facts. You have lost nothing.

    So if you pay the deposit, you are doing so knowing what is actually included.

    You could always wait until after July - and get the stamp duty reduction...
     
    Terry_w likes this.
  3. Marg4000

    Marg4000 Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    6,417
    Location:
    Qld
    Negotiate everything before paying anything.
    You are at your strongest negotiating position before you sign up or pay any money.
    Marg
     
  4. wombat777

    wombat777 Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    3,565
    Location:
    On a Capital and Income Growth Safari
    "Inclusion packages" and "free upgrades" are just are marketing gimmick to get you to sign on the dotted line. You get nothing for free. Another tactic is "Beat the price rise".

    Focus on the track-record of the builder and whether the plans suit your needs. It's also very important to do proper due diligence on the builder. Check your builder on productreview.com.au. Try to talk to clients of the builder if possible for completed projects.

    Also be careful that the contract doesn't include provisional sums. Check that their standard offerings suit your needs or worst case budget an extra 5% to 10% for selections.

    Aim for a fixed-price contract with an acceptable build time. Anything beyond about 10 months is excessive ( may builders can finish in 6-8 months for a double-story house ).
     
    Perthguy and freyja like this.
  5. marty998

    marty998 Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    627
    Location:
    Sydney
    14kw air con?

    Thats a big power bill you're signing up for....
     
    Joynz likes this.