Need Advice for off-the-plan apartment

Hi there.
I bought an apartment in Carlingford on level 16. My apartment building is on the East side and there is another building on the West side, which was supposed to be 14 level high according to the contract, brochure, YouTube advertisement and the real estate agent. I initially wanted to by a unit in the West side building because that building's view is not blocked by anything. But because it was all sold out, I wanted to give up but the agent convinced me to buy the one in the East building because it is taller than the West building that if I buy a unit that is 15 or above, I will still have to view over the West building. (This agent was an exclusive agent for the entire project by the way) The price difference between each level was over $10,000 but I still decided to go ahead and bought the higher level because of the view we would get. Now I just found out that they changed the total level of West side building to level 16 which now will completely block the view from our apartment. If it was just a building that is not related to ours, I would have just said 'bad luck' but the West Building was also included in my contract paper showing all the details such as floor plan and everything. Can developers do that? I know they sometimes change the type of appliances, a bit of floor plan, etc., but can they actually charge us more for the higher level and suddenly change the plan without any notification to the purchaser? Why would I pay more money just to get a view of other people's living room? Now level 10 apartment will have the exact same view and floor plan as mine except I paid about 80K more!

 

what does your contract say

 

Very unclear. They did mention that they can change things like the size (floor plan up to 5%), Finishes, location of the pillar due to construction issue, materials, exterior, etc., but they never mentioned anything about adding levels. Please watch this video link. The agent showed me this and said this will be the view I will get. (watch from 58 seconds). But now someone else's living room. Does anyone have any similar case?

 

To be honest. If the development is approved you are screwed unless you can prove the person who sold you the apartment knowingly lied or mislead you.

 

I'm baffled as to how a developer could sell out a 14 storey building and then go back to council and get a DA to increase it by 2 levels ... Thats a whole new application as well as having to rewrite all the contracts as the unit entitlements would all change etc ?

Sounds very sus to me. We have a site called pdonline in Qld where you can see all the DA lodgements etc , pretty sure this is the NSW version NSW Planning portal

I'd see how the dates line up with what you have been told .

 

Tbh I don't think it really matters. No one owns a view. So you you get built out it too bad too sad.

I'm suprised anyone is able to sell the exact same product, a couple of levels higher, for an additional $80k. I don't get it.

I'm sure the advertising will say 'picture for illustration purposes only'. Remember, these guys have done this before.

Blacky

 

End of the video does have a disclaimer. Though most people would assume it means the decorative features not the height...

 

Not sure if this would have any bearing on your situation, maybe some others with a clearer understanding might be able to fill in.
Could you argue that the view that you would have otherwise gotten was an INTEGRAL part of your decision to enter into the contractin the first place, and that if you KNEW that if they would build extra floors on the west apartment block, blocking your view, you would have not signed the contract?
What do others think?

 

Your rights are set out in the contract. Speak to your lawyer and ask her/him to explain your options. If the draft strata plan changed materially after you signed the contract, you may have a right to rescind. Again, it depends on the actual contract and it's terms.

Good luck.

 

When was the developer's S96 lodged? When did you sign your contract?

 

I saw an OTP contract in QLD that stated the buyer could not object if the height of the building or the level of the unit within the building changed. I questioned the REA (referred by a financial advisor) and they said, don't worry it is a reputable developer. I decided not to proceed, I felt there were already way too many things in the developer's favour and this was a ridiculous contract term. The REA was not happy and basically told me I was 'jumping at shadows'. I walked away with a mildly damaged ego, but glad I didn't proceed. Seeing the finished product now makes me glad I didn't.

 

I've had disputed details before,
Such as the floor plan showed tiles right thru with the exception of the bedrooms and lounge, yet the contract only had tiles to Kitchen and wet area's.
I was told if I wanted it as per plan it would be at my additional cost (carpet works out cheaper)

OTP is short for you get what is given.
In your case I'd dispute it, but I don't like your chances.....

 

@Shin Kang from what I can see;

A bit of history - 2003 - Dyldam Developments submitted an application for 5 Storey 36 apartments - was approved in 2004.

2010 - Development Application was submitted
2011 - Development was approved for 18S
2014 - Amended development application was submitted
2015 - Section 96 was approved

As to what the amended/change was you will need to investigate further but it would appear sometime between Feb 2015 and June 2015 a S96 was approved.

Hope this helps