Issue with contract, Apt due to settle on Friday

No the building hasn't been reconfigured, number of floors has stayed the same.

The point I'm trying to make is that the ceiling height was noted in the contract as 2.6m. This was signed/initialed by us and the selling agent. The contract was then signed by the vendors.

So, people say the contract is the bible in a situation like this. Why have I been let down. Why cant my solicitor force an answer from the other party? Why do I have to take the matter to court to get what was specifically written into the contract and signed by all parties. Is this like one of the many other flaws in our legal system?

 

What type of restitution are you seeking? In the overall scheme of things, the missing height is a poofteenth of a percent defect in the apartment. Get a dishwasher upgrade and move on, because you ain't gonna get it fixed.

pinkboy

 

Not wanting to get it fixed! You know what its like when you walk into a house with 2.7m ceilings compared to 2.4m. The place just feels so much bigger.
The compensation is for money, ie a reduction in contract price.

 

Why do you think you have to go to court? It is still early days yet.

 

So what was the out come? Did you just have to settle?

im also dealing w an issue w my conveyancer and my OTP is about to settle in a week

Having read your post
My conveyancer did not check with me if I had a pre inspection not ask if there was any defects or issues
Just wonderful.

 

If sales person represented 2.6m and it is not and your relied on those representations to enter into a contract then you could have grounds to terminate.

Tangy

are the defects major? An OTP contract will not normally allow you to not settle where the defect is not major, the developer will be obliged to rectify post settlement.

 

@JK200SX, did you get a resolution to this?

 

Yes !! I believe this is correct as well.