I recently had to step away from a new house build and was promised my deposit back (I have it in writing) and after 3 weeks, I haven't heard a peep from my builder.
What are my options to take this further? The deposit is $2k, and I have been emailing the builder about every 2nd day for an update.
At least they have the good sense to have a Sea-Doo, and not something gross like a Kawasaki.
Looks like a turbo charger to me.
It's a centrifugal supercharger as opposed to the twin screw superchargers you typically see in automotive applications.
Turbo has the compressor driven by a turbine which is spun up by exhaust gas. Thats why on the turbo you can kinda see two turbine sides.
This is a centrifugal supercharger, its essentially the compressor side of a turbo, but spun by a pulley from the engine.
The deposit would have been processed through your solicitor and would be held in a trust account.
Talk to your solicitor to have it refunded.
Otherwise, good luck.
No Longer Responding to Emails
Phone them?
What is this black magic wizardry you speak of?
This was before people got weakened by advancements in technology.
Or they thought Stephen Hawking’s way of communicating was the way to be clever like him.
I prefer to communicate in writing when it comes to business.
Why do you think large corporations don’t communicate directly with customers in writing, and instead chose to restrict it to over the phone?
Why do you think large corporations don’t communicate directly with customers in writing, and instead chose to restrict it to over the phone?
LULWHUT?!
These are currently the 10 largest companies in Australia by market cap. I have a customer relationship with half of them and anything of consequence (from rate changes, updates to product terms & conditions, complaint outcoimes and even bonus Everyday Rewards on BBQ chickens) is communicated to me in writing, via email.
Remember - cost-to-serve through a letter, DM or eDM is orders of magnitude more expensive than having a human pick up a phone.
@[Deactivated]: I was referring to customer to business communication, eg. Contacting Qantas to adjust a name on a booking, or your health insurer to adjust your income tier for govt rebates.
Not mass communicated marketing
I want to get everything in writing. No need to be toxic.
was promised my deposit back (I have it in writing)
But you have? So, a follow up call to get active engagement? So they can’t hide behind the email(s). Of cos they can ignore your calls too, if they haven’t gone out of business, there is a main contact number?? You do you… it’s your $$.
@RecalledItems: Ring first and then follow up with an email recapping the phone call (from our phone call today, we discussed blah… and came to the resolution blah… etc). That way if you ever need to take it further with lawyers, etc - you have a nice little paper trail (which your builder probably won't have)…
@RecalledItems: Anytime - And even if the builder doesn't pick up the phone, also write an email to the effect, "Mr Builder, I tried calling at 12:34pm today on the 6th of July but I wasn't able to get through you" - at least this way you can show that you tried different avenues to get in contact, and again gives you a nice paper trail should you want to take it further.
There's also a psychological benefit in that you'll feel like you've done all you can to make contact, so that way you can deal with this as it goes and get on with your life :)
If you do think the builder may claim bankruptcy, may be worth speaking to a lawyer to discuss your options (and costs of pursuing), so you can decide if it's worth chasing. Again, will help you sleep at night as you're doing all you can and exploring every avenue to recoup the funds.
I'll have the $2K… that is if nobody wants it. :+)
Surprise, not a builder, did this guy build anything for you ? No, that means he just scammed you.
Motorized bicycle enthusiasts
/s
3 weeks isn’t a super long time in the world of business. Many businesses have 30day terms or even longer. They are probably getting annoyed if you are emailing every second day. Whilst I understand you’re getting annoyed too maybe give them a call and asked when you can expect them to transfer the money. Do they even have your bank details to pay you back?
Anyway if you don’t hear anything maybe send a letter of demand and/or contact fair trading in your state. Presumably you have an ABN and a builder’s licence number for them.
Thanks for your advice, I have provided my bank details in my first email where I requested the deposit back.
Whay does your contract say about refunds?
Doesn't really matter, as most options will cost MORE than the $2k owed, unless they got the xCAT/small claims path.
I haven't signed a building contract yet, only the PPA.
The reason why I pulled out of the PPA is that I was facing a price increase, and was told via email that I could get my deposit back.
prolly be bankrupt soon
be thankful it's only 2k
have a look at the news, builders are going bankrupt with millions owed
Exactly. Be glad it's only $2k but that's gone.
What is the reason to "step away" from the new house build? Did you sign a contract? You are lucky it's only $2k considering how much a house would cost.
I was facing a price increase from when I signed my PPA - I haven't signed a building contract. Understand your sentiment, however, it's still $2k that is mine and I was promised it back.
$2k is not a small amount and I hope you do get it back. I still think that you are lucky given the current home building mess with builders going belly up left right and centre.
Bikies!…
I recently had to step away from a new house build and was promised my deposit back (I have it in writing) and after 3 weeks
So you cancelled on the build not them? What does your contract say when you do this (more so than what the builder said in writing).
What are my options to take this further? The deposit is $2k, and I have been emailing the builder about every 2nd day for an update.
Honestly nothing. Any real legal options are going to cost you more than $2k to get your money back. Maybe try via small claims pathway, but it will come down to what your contract says you are entitled to more so.
I haven't signed a proper building contract (no finances went through etc) only the PPA.
I was given the option to walk away, and from that email, I was promised the deposit back that I paid for when I signed the PPA.
Thanks for your advice, I'll look into it.
I haven't signed a proper building contract (no finances went through etc) only the PPA.
Ok, but you have signed something and your Plan Preparation Agreement or Preparation of Plan Agreement that you signed, will have clauses etc in it around the refunds etc. So have a read of that.
I'm not saying don't fight it, I'm just saying you need to be aware of spending good money after bad.
If you have a look at this https://www.yovi.com.au/post/building-contract-what-s-ppa-ex…
It says the deposit is not refundable. So see what yours says.
I would be calling or dropping in to have a chat with them and see what they say.
If you get the deposit back then what's the point of a deposit?
Generally in this situation the deposit would be taken by the builder for failing to continue works.
It's pretty much the reason for having a deposit, to cover losses in the case of one party failing to carry out the contract.
I haven't signed a contract as yet, only the PPA. I called the builder before I decided to cancel and was told that they have not done anything with my file yet (no drawings, no contracts, nothing) I wrote back to them confirming that in writing.
The only thing that the deposit would be used for is the site survey. In any case, after the site survey, I received an email saying that my deposit will be refunded if I don't wish to proceed with the build anymore which was tied into a call from my builder saying that I will get hit with a price increase.
I'm surprised the builder agreed to refund. What's the letter say?
I'm hesitant to quote it exactly, but it basically says that my builder is refunding clients who don't wish to proceed.
Ok.
Go to your relevant state building authority to lodge a complaint. Please look up how to write a formal complaint. Give them 10 business days to resolve your issue. If not lodge your complaint and wait for remediation. Good luck
did you received a receipt for your deposit?
Yes i did
Username checks out.
$2k is about the price for a new supercharger on your builders jetski. Kiss your money goodbye.
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