Advice Needed RE: Contract of Townhouse Bought off The Plan

LTeamArrow on 07/04/2018 - 10:11
Last edited 07/04/2018 - 11:44 by 1 other user

Hi all!

I’m 23 from sunny South Australia and I have bought a townhouse off the plan (in a row of 5).

I’ve signed my contract subject to finances roughly 4 months ago.

Hopefully someone can help me: In my signed contract it states that the front door will be ‘solid core with glazed panels’. Yesterday I drove past the building site and noticed the door is just a plain solid core door.

I emailed the sales representative who told me ‘the specification sheet in my contract was wrong’ (this was apparently the only alteration according to her).

Surely if they’ve made a change in the specifications it needs to be explained to me before signing? ALSO: if they’ve done the same to all 5 townhouse owners I’m sure they’d be saving $$$! Sounds dodgy!

Does anyone know what I should do?
Does anyone know he price difference (average) between a solid core door without glazed panels and one with?

Thanks! (Ps. First time poster but long time listener, love your work!)

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  ShannonN on 07/04/2018 - 10:30

  What does your Lawyer say?

  We can't see the contract so can't comment on anything Legal, best to see a professional that deals with this stuff instead of joining just to hope to get free Legal advice

  • 

    TeamArrow on 07/04/2018 - 10:33

    +2

    I’ve got a conveyancer, not a lawyer. So I’d have another cost of engaging a lawyer, for a front door is it worth it? That’s what I’m trying to understand 😂

    Cheers for the advice though!

    • 

      ShannonN on 07/04/2018 - 10:41

      +4

      Showing my lack of prowess in this field but I thought if you have a signed contract and have paid whatever needs to be paid to fulfill that contract you get what is contained in that contract.

      Unless the company (sales team & the builder) contacts you prior to the change of door then the contract can be voided as it's not what you signed up for. Any changes to the contract without your prior knowledge and approval are void ( as you need to to be informed and given a chance to respond)

      This is why the issue must be presented to someone with the correct legal knowledge perhaps there are some organizations that will review your contract for free? Builders associations in your state ?

      Hope you get it sorted

      • 

        [Deactivated] on 07/04/2018 - 23:38

        +1

        A contract for an apartment is not going to be voided because of a minor change worth less than $1000. All the legal fees etc in voiding a contract like this would easily be over $10k.

        There was a case in Perth where someone bought off the plan during the boom and by the time the place was finished it was worth hundreds of thousands less than what they paid for (because property values tanked) and the owner (who later ran for lord mayor of Perth) tried all sorts of legal moves to void the contract saying it wasn't up to standard and they were unsuccesful.

        Also never buy off the plan.

    • 

      thatonethere on 07/04/2018 - 10:59

      +3

      Just give the conveyancer the heads up i reckon. The cost difference wouldnt be much. $100?

    • 

      jjjaar on 09/04/2018 - 07:58

      Then ask your conveyancer. Mine was very helpful throughout my process (not off the plan) but still was available for all questions I had and stressed the importance of anything being different at final inspection.

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  nocure on 07/04/2018 - 10:58

  +7

  Be aware that the builders sometimes use a plain door for "lockup stage" to avoid paintsplash/damage, it will be changed to your chosen door at handover.

  • 

    thatonethere on 07/04/2018 - 11:00

    Good point. The house down the road had a solid ugly door until the last day of building. But as op says the sales person said it has changed.

    • 

      nocure on 07/04/2018 - 11:02

      +2

      Any changes or alterations to the contract must be signed off by the buyer and any other interested parties.

  • 

    TeamArrow on 07/04/2018 - 13:23

    It’s about a month away from being complete, I’ve been told by the sales agent that the door has been changed from the specifications I’ve been given the door is a different one from when it was brought to “lockup stage” :)

    • 

      kiitos on 08/04/2018 - 12:18

      Did they give a reason why it was downgraded? Or a reason why you weren't informed?

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  chumlee on 07/04/2018 - 12:10

  +1

  Find out how much for the door your contract says plus install and tell the developer you will deduct from settlement

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  [Deactivated] on 07/04/2018 - 12:22

  +2

  Why would they put a nice expensive ‘solid core with glazed panels’ door on the house while it’s still being built?
  Generally they put a plain looking one on it so they can lock up while the joint is still being build

  • 

    TeamArrow on 07/04/2018 - 13:25

    It’s about a month away from being complete, I’ve been told by the sales agent that the door has been changed from what it was originally going to be.

    Aka. I’m not getting a glazed door now.

    • 

      nikey2k27 on 08/04/2018 - 12:44

      it to meet lock up stage

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  boomramada on 07/04/2018 - 12:51

  +2

  Why don't you ask your conveyancer, and ask what should we do?
  Don't need a lawyer either.
  And your house isn't even build yet, is this the only issue you found?
  Wait till it finish, then rise these issue at the finial inspection via your conveyancer.

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  PAOK11 on 07/04/2018 - 13:53

  +4

  Don't wait start making a fuss now. The closer it gets to the settlement, the less likely you are to get anything fixed. If you delay settlement by even one day they will hit you with a recission notice and your conveyancer (who doesn't give a shit) will tell you the door is not enough to delay settlement

  • 

    TeamArrow on 07/04/2018 - 14:09

    Thanks for the advice! Really appreciate it!

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  TheBilly on 07/04/2018 - 16:44

  $500 diff tops

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  pandabun on 08/04/2018 - 08:42

  +2

  Take a look at your contract and see if there is a clause that allows them to make minor changes to the original contract.

  We got some of our appliances downgraded without informing us. Like another poster has said, once you settle, it’s all on the developers court. We’ve settled and moved in for 10 months now. Things only started rolling after we threatened we would take them to tribunal.

  • 

    jhaley3180 on 08/04/2018 - 10:30

    Most off the plan purchases include such a clause. It usually includes some words around the builder/developer may make minor alterations to the plans or specifications provided the changes don't materially change the property. The difficulty is arguing whether the door is a significant enough change.
    My advise is tread softly but firmly. Understand whether it is a temporary door or the final product. If it's the final product ask questions, such as why (there may be a good reason), how the decision was arrived at. Explain your position and see what you can negotiate. Reality is if it's a standard contract with standard clauses your unlikely to pursue any legal action (it's an small claim at best and you haven't suffered damages), and if you did your unlikely to succeed. As such you need to focus on negotiating a successful outcome if it's that big a deal to you.

    I'd also weigh up the time value of your investment.

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  varunynr on 08/04/2018 - 09:40

  +4

  I would be concerned to check if there are other things in your contract that are not being met. Door may be the first of the lot.

  Cheers

  Varun