Hi all,
I am from Melbourne, and I've recently (Dec -2020) signed a contract for a townhouse. Eligibility of this property for the Home Builders Grant (HBG) was a key factor in entering into the contract.
The vendor is a publicly listed company, which outsources each development phase to different builders. At the time of contract signing, vendor told me that this property is eligible for HBG, and the required details of the builder will be provided to me in mid-January 2021. However, the vendor has failed to provide me with the builder's details to date. The vendor's explanation is the selection process of a builder has delayed. I have several emails where I followed up with the vendor and vendor committing that required details will be provided in January, February, March and by the end of this week. My lawyer has also followed up via email.
Now the deadline for HBG applications fast approaching (14-April), I am getting a bit concerned that the vendor may fail to provide the required information.
My lawyer advised me that I have no legal grounds to proceed if the vendor fails to provide the required details as this requirement is not included in the contract (though I have several emails).
What are my options other than bearing the loss of 25k (assuming the vendor has already priced the majority of HBG rebate to the sale price) ?
Tough one, if they are incompetent enough not to provide the information by the due date then probably not a company you want to continue dealing with.
Ask your solicitor for your options but doesn't sound like you can get out of the contract without cost.
You might be able to get out of the contract if you state you needed the grant to be eligible for finance as most contracts are subject to finance.