Browse Forums General Discussion 1 Jan 16, 2013 12:42 am Hi guys Was wondering if anyone has cancelled their preliminary Plan agreement and what happened? We have signed preliminary plans and paid our deposit And have now decided to go with another Builder they have come in a lot cheaper And offer a lot more. When we went to cancel We knew we would lose our deposit, but They are now telling us they will sue for Loss of profit if we cancel. Can anyone else Share their experiences ?? Thanks Re: Cancelling preliminary plan agreements 3Jan 16, 2013 8:05 am My understanding is, unless you've signed an actual contract e.g. HIA contract, then you're probably entitled to walk with loss of deposit to cover work done to date. May depend on what was actually stated on the prelim plan agreement. I've seen many blogs where people have pulled out in the deposit stage (prior to contract) due to the builder stuffing around, taking their time, unreasonable quotes etc... Are you going through a big vol builder or smaller one? Maybe get a solicitor to go through your agreement. Re: Cancelling preliminary plan agreements 4Jan 16, 2013 11:46 am No we haven't signed a contract Thanks for that there was nothing stated in the plan agreement in regards to cancelling. Re: Cancelling preliminary plan agreements 5Jan 16, 2013 11:48 am It was through affordable living homes and i have read about a few people being threatened with legal action. Re: Cancelling preliminary plan agreements 6Jan 16, 2013 12:00 pm Was it a verbal demand they were making or written? I would ask them to put such a demand in writing so that you can present that to a solictor along with the agreement you have signed. If they are unwilling to do this, i would word up a strong letter to request that they retract their claim as it is undoubtably resulting in stress on your behalf and you may have the right to seek legal advice on the mental stress it has caused. Re: Cancelling preliminary plan agreements 7Jan 16, 2013 12:07 pm They also might be hard pressed to keep the deposit if they haven't actually done anything. Have they done soil tests? Drafted plans? Good Luck! Re: Cancelling preliminary plan agreements 8Jan 16, 2013 12:09 pm Yeah it was only verbal and when we called to say we definitely wanted to cancel they said "things will get ugly". I guess because we are young and its our first home they are trying to scare us into building with them. I think i will ask for it in writing thats a good idea Thanks Re: Cancelling preliminary plan agreements 9Jan 16, 2013 12:11 pm They have only drawn 1 plan our land is not titled until later this year so they haven't done anything like that. I knew i would get my deposit back and was ok with that because I'm saving a lot more at the end of the day. Re: Cancelling preliminary plan agreements 10Jan 16, 2013 12:12 pm Yeah and if this is their attitude possible good to not be building! Re: Cancelling preliminary plan agreements 11Jan 16, 2013 12:16 pm Yeah exactly it put me off all together! Re: Cancelling preliminary plan agreements 12Jun 28, 2013 8:25 pm hey guys sorry too hijack this thread.. ive just had to cancel my prelim plan agreement with ideal homes as well but only due to my finance falling through due to circumstances out of my control... do i have a leg to stand on in getting my deposit back?.. my ideal rep is saying no even though during the whole preceeding he never mentioned it.. cheers guys edit: also the land hadnt been titled yet and as far as i know official drafts werent done.. so what is the $2000 really paying for.. i paid with a credit card and can easily charge back haha but only if im legally right too. In NSW the maximum deposit for building work is 5% until the builder provides HBCF insurance 1 4830 i thought the flipped plan initially but bec i want narrow pathway from entry to dining (dont like bend), also cannot fit the… 7 17285 5 10493 |