Off-the-plan water damage disaster... advice please.

Hi guys, I need help and advice.

I bought an apartment off-the-plan from a VERY WELL regarded developer which settled in January. I haven’t moved in yet because of some personal issues, but was planning to do so THIS WEEKEND.

So last night I brought in a few boxes to mitigate the major move and I see the bedroom is completely ripped apart – the carpet is up, the floors are torn up there is an industrial heater in there. We’ve had about 14 out of 15 days rain in Sydney so I thought it was obviously leaking due to the heavy rain, coming in from the courtyard, not insulated properly, etc. It’s a ****ing disaster.

The thing is, the developer has 1 set of my keys, because I was allowing them access to a common area off my courtyard, since I wasn’t moved in. At first the guys were asking my permission, but I told them it was fine and there was nothing in the apartment, to just go in as they need to for now. Not a big deal.

HOWEVER, no one told me about these major works!!! About this major disaster! They’ve just gone in there and ripped everything up. I’ve sent them a very well worded email and received a phone call. I want to know what my rights are and what the minimum I should expect from them to rectify and compensate for the situation.

They claim that they did try to reach me at least 2 times and left voicemails on my mobile. I don’t have any voicemail messages and further, they have my desk phone number at work and both my work and personal email addresses. They also say that they noticed the damp when they entered to fix minor defects my inspector had noted and the carpet smelled mouldy. So they don’t think its because of the rain. They think it’s a leak, possibly coming from the bathroom next door. For me, its neither here nor there at this point, but I do feel a bit better that its probably a leak in the plumbing and not that the place can't handle the elements!!!

What would you expect from the developer in my situation? I have been terse, and expressed my displeasure, but not rude or demanding. I prefer to maintain a civil level of discourse. They have an impeccable reputation and I understand they care a lot about maintaining it. The apartment cost $800K.

What are my rights and what do you think the resolution should be? I’m going to give fair trading a call at some point today too.

 

Yeah, I'm just most concerned with them fulfilling their obligations or maybe attempting to skate out on some aspect of compensating me, because I don't know they are supposed to do something, etc.

 

Will your insurance need to cover some of it e.g. accommodation costs

 

These are warranty or strata issues ?

Usually warranty make-good periods are quite short but this defect seems evident and seems major but its really not. Not like its structural failure. They seem like they are fixing it ? While it may be upsetting it may actually be a good thing - They arent just ignoring it.

They may remedy the defects and leave it looking like new. Cool down and call them and see what is happening. In which case what compensation would you seek ? You want it fixed ? That seems to be their approach.

 

I would be more upset if I went to the place and found a problem and the developer wasn't doing anything.

 

Hi guys,

They are fixing it, but you must admit it would be pretty shocking to walk in and find the bedroom ripped up with NO NOTIFICATION to me about what happened and that they are about to rip up my property looking for a fault.

And I've been in very regular contact with them, they have several phone numbers and my work and personal email address. That is atrocious and not acceptable.

A few days on now, and they have been pretty fair. When I wrote the post I wanted to know what I was entitled to under the law at a minimum in case they were not fair with me about it.

 

Can understand that you walked unknowingly into a confronting situation.

Pleased they are sorting things out for you.
Marg