Issues with the Property Spruiker and Builder

Long story short. We bought a house and land package from a Spruiker.

Was promised a rental guarantee and the house has now been handed over with no rental guarantee.

They also arranged Financing for us of which a $2000 cashback was promised but never materialised. They later admitted was a mistake on their behalf and said we would get the cash back but never did.

We have all these things in writing in email.

a) do we have a chance for compensation
b) can anyone recommend a lawyer who can hep wth this.

The builder also stuffed up a bunch of paperwork on there end of which I believe we also have a claim. (FYI was done in QLD)

Any help around a lawyer and any regulatory bodies we can raise a complaint with.

Thanks

 

Who provided the rent guarantee - the spruiker or the vendor? Is there a shortfall in the current market?

Who provided the finance - the spruiker/introduction by spruiker or an independent broker/bank.

Whose solicitor was used your own or recommended by the spruiker?

Ie was it a one stop shop or was each part of the deal arranged by yourself?

 

Can you expand on this, what exactly did they stuff up?

Is there any mention of the rental guarantee on any documents you signed? The one's I've seen are a signed form detailing the amount of rental guarantee and the period it will be provided for ie. from handover until a suitable tenant is found up to a maximum period of 12 months.
I'd be focusing on getting a tenant in asap, rental guarantees are a big red flag not to buy, if it's in such a good area why would they need to offer a rental guarantee?

 

Thats ironic

You know they were a spruiker with a team of vultures doing the one stop shop thing. Now you want to complain? There is no regulatory body. A licensed credit offer that offers cashback is regulated and they could be held liable - maybe. That said - who handled the credit ? ASIC assume anyone buying property has big boy pants and will do their own due diligence eg the contract mention the rent guarantee ? If not it could be your own mistake to sign a offer that didnt agree with what you were told. You may have legal remedies through consumer law. False and misleading conduct etc. See a solicitor and take their representations (email copies). In meantime have you asked why these things didnt then get paid ? Conditions ? Wise to know what they plan to say.

 

Edit: Apologies did not include much info.

• The spruiker was selling on behalf of the builder and the rental guarantee was promised by them.
• We used the solicitor supplied the Spruiker.
• The Spruiker also refinanced an existing loan which we were promised a cash back did not materialise as they stuffed up some conditions. They said they would get us the money (1st said they would pay out of their own pocket then somehow out of the loan aggregator)
• We have all the above in writing in email
• The builders stuffed up a bunch of dates of commencement and certain documentation which was supposed to get to us in a timeframe was delivered outside of that timeframe. - again we have a paper trail as evidence for this

In essence I believe we have a case for compensation against the spruiker (acting as mortgage broker) and the builder but just wanting some legal advice.

The spruiker acting as essentially broker for the builder should be responsible for promises made (which I have in writing in email).

I understand the law is not so favourable to the little guy which is us in this case but just wanting to cclose this off for what has been a torrid experience.

I completely agree at that time alot of this we are essentially to blame for/naive ie the build time being blown out to 18months when were promised 6).

 

For the build time i would be referring to your contract. You will probably find numerous clauses mainly in the builders favour for how they can extend this time frame based on certain circumstances.

Some people pay for expensive courses, others read propertychat. You have just paid for your education in a different way.

 

At the time of signing up did not know about them being spruikers let alone the term. but in the looonng time it has taken for the house to be built I have educated myself about the mistake we made. Just trying to get this done in as fair away for us so we can move on