Join Australia's most dynamic and respected property investment community

Paid Deposit to Builder - Don't want to go ahead

Discussion in 'The Buying & Selling Process' started by wrexter, 20th Jan, 2016.

  1. wrexter

    wrexter New Member

    Joined:
    23rd Jun, 2015
    Posts:
    2
    Location:
    Perth
    Hi All

    I have a dilemma with a Perth builder and i wanted to get some assistance from any of you who may of faced a similar situation or can give some advice on where i stand.

    Basically, paid $2000 deposit to a Perth builder for a preparations of plans agreement. Builder carried out surveys, did plans, costings etc.

    I have decided not to go ahead with this builder for a number of reasons & I want my surveying that i paid for.

    The builder is refusing to give me the survey data until i pay an additional $1800 that they claim to have spent above the $2000 deposit on engineering etc.

    My argument is that i did not authorise to spend above the deposit amount and its the builders own issue if they did. I did not ask for engineering to be done, as far as i was aware it was 'preparation of plans'.


    Any advice appreciated.
     
  2. Biz

    Biz Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    1,474
    Location:
    Sydney
    Engineering would be part of preparing plans. If you are past contract stage they would have done more than $1800 in work so the costs are probably justified.
     
  3. D.T.

    D.T. Adelaide Property Manager Business Member

    Joined:
    13th Jun, 2015
    Posts:
    5,576
    Location:
    Adelaide, SA
    Review contract.

    It'll come down to whether the data actually belongs to you. $2k is what you paid, but that's just to get you into the game, not for any particular pieces.

    Since you're bailing on them, I think you're better off just walking away. You've costed them what you've paid them.
     
  4. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

    Joined:
    18th Jun, 2015
    Posts:
    8,970
    Location:
    Sydney
    Survey data = sounds like it belongs to them
     
  5. soggy

    soggy Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    68
    Location:
    Perth
    Do you know who did the survey? Long shot, but they might be happy to give you a copy if you ask them directly.

    Losing $2000 deposit isn't that bad in this instance. Was worth a try asking for the survey, but if they're asking that much to top up, just redo it somewhere else, it'll cost around $1k.