Browse Forums General Discussion 1 Jul 04, 2008 9:45 am Hello,
I think we're going to pull out of our tender. The Builder currently has a great promotion (about $40k upgrades for $5k) going for new customers that I asked about when I first made contact with them. It wasn't available at that time but I was under the impression that if we were still under tender when it came up again that we would be able to take advantage of it, but now they have said no. The Sales Manager rang me himself and he was quite condescending about it so that has ** me off too. I am also unhappy with the cost of upgrades and modifications, and have decided that we are better off finding a house that better suits our needs rather than paying exorbitant fees to add rooms, reconfigure floor space, upgrades etc. In the beginning they seemed pretty reasonably priced for changes but the last few seem unfairly high. I have found a house that I really like, the base price is much higher but I wouldn't have to change much and by cutting a bit of floor space off here and there (eg 20cm from whole side, 40cm from back) there's a chance that we could bring the base price down to within our budget. We also love love the house and often walk through it for ideas, we never thought we could afford it but we just might be able to. The house also has lots of things standard that we had to upgrade on the other house. When we paid our deposit we were not at tender acceptance so I recived a receipt stating that our deposit would be refundable if we did not go ahead. Our tender also has an additional line at the back that says: "This tender acceptance is subject to acceptance of amended tender. If owner chooses not to proceed their deposit will be fully refunded" however.. in the standard clauses it says: "The previously paid payment of $3500 is a non-refundable deposit that allows bla bla...." I'm not unreasonable, they have done a contour survey and three sets of plans so I will not request a full refund. I did not request the first set and they were really wrong so I will only pay for two so I will be requesting a refund of $1900 ($1100 for contour survey and $250 for each set of plans that I asked for). Do you think that there is any way that they can refuse? Seems pretty open and shut to me but I just want to be ready. Re: Pulling Out - Help with conflicting tender clause re deposit 2Jul 04, 2008 10:08 am Oh Rachelle, I am so sorry you are going through cr*p with you builder too, it seems there is alot of us dealing with the same at the moment
That is really ridiculous that they can't offer you the promo...I have a similar problem where by initially I was told I would only have to pay a small difference to upgrade items in the promo, however now I have been told I have to pay the full amount. Like you, I am willing to play hardball and walk away if costs exceed what I was told. I think it is probably worth going to the other builder sitting down and explaining your position, let them know that you are prepared to walk from the other builder. They will more than likely offer you some good prices to suit your budget in order to win you over from the other company, so you really have the upper hand. If you prefer the 'new' house and you can get a good price I see no other option but to switch builders. As for your deposit I think the refund you are requesting is fair. Go for it I say. Good luck and keep us posted !:) My karma ran over your dogma Re: Pulling Out - Help with conflicting tender clause re deposit 3Jul 04, 2008 10:14 am Rachelle,
I think you are doing the right thing by only expecting a partial refund - surely they can see you are willing to be reasonable?? Good Luck. It may be worth loosing the deposit in the long run, if the new house turns out to be 'the one'. Paula Re: Pulling Out - Help with conflicting tender clause re deposit 4Jul 04, 2008 10:28 am Agreed,
If they cannot offer what was discussed, you are sensible to go for what you want. If they are stupid enough not to satisfy your wants regarding the house, then they are obviously not interested in doing business with you. If the sales Manager is condesending, then he can live without his commission on the sale to you. Adrian B Re: Pulling Out - Help with conflicting tender clause re deposit 5Jul 04, 2008 11:58 am The universe is looking after you I think - it sounds like you really had your heart set on the other house anyway so go for it!
You are being more than reasonable re the refund - if they resist show them the clauses where they promise a full refund and let them know that's what you will be pursuing as your second option. As for the Sales Manager just be grateful you found out now rather than later and yes, as Adrian B suggested, he can suck eggs re his commission, lol. ps I am assuming you have a copy of the contour survey if not then get it first before making your offer ..... 'We make a living by what we get, but we make a life by what we give.' - Winston Churchill Re: Pulling Out - Help with conflicting tender clause re deposit 6Jul 04, 2008 1:48 pm Thanks guys,
Bel, hope they come to the party, after all that searching for the perfect block for your house!! eb.. yeah I think the universe is telling us something too. I was having second thoughts about the house late last week while waiting to hear on their decision re the promo, I couldn't decide which way I wanted their decision to go... either they give us the promo and we keep going or they do not and we walk away.. so I told myself what will be will be! Yes.. we have the contour survey! Hoping the "new" builder will use it and give us a credit! Now just waiting on some prices from the new builder. It will also come down to what extra upgrades they will give us - we need benches, cubboards and stacker doors as we won't be able to pay for any upgrades at all. Fingers crossed! Re: Pulling Out - Help with conflicting tender clause re deposit 7Jul 04, 2008 9:56 pm Rachelle,
I feel sad for you and truly empathize cos I know the time and emotion you would have invested to come to plan stage. I know what its like to negotiate with the sales manager. vv tough!! I was also taken aback that he would not offer the package to existing clients and actually be prepared to loose them. Have they refused to give you the deposit back? If you do not have a tender that you have signed and accepted how can they refuse you? Why did you have to pay $250 additional for plans? I think you will have to demonstrate the facts for refund of you deposit. 1.Clause in tender ..." refund of deposit if.... 2. You paid the deposit based on this offer 3.Therefore based on the above they must return the money to you...( otherwise they have misrepresented their offer to you). Hope the new builder is all you are looking for. Raz If you think you can, you can. Re: Pulling Out - Help with conflicting tender clause re deposit 8Aug 05, 2008 9:35 am Hi Raz,
Missed this last post. Yes I don't think they can refuse to refund the deposit, it's very clear on receipt and subsequent tenders. I'm sure they'll try though. Since I now know that contour surveys are done by an external company I thought it would be right to pay for it, even though I don' thave to. And I also thought that I probably should pay for plans, even though at the time I didn't know that they were costly to prepare. If they mess around though I'll take it to Small Claims, and if I have to do that I'll demand the whole deposit, since that's what the receipt says "if client chooses not to proceed their deposit will be fully refunded". Re: Pulling Out - Help with conflicting tender clause re deposit 9Aug 05, 2008 8:13 pm Rachelle,
If you are going to compromise and pay for the survey and plans then ask for a copy of the survey.. you can always utilise it later. Also if you are going to small claims ( not sure if this the Consuner Trader and tenancy tribunal? ) you wil look good becos you have tried to negotiate as at every stage with them esp if you show you were willing to pay costs for survey and plans. I have a feeling they will settle though with you.. Raz If you think you can, you can. Re: Pulling Out - Help with conflicting tender clause re deposit 10Aug 25, 2008 4:56 pm So I got my deposit cheque back today! I really thought that we would have to fight them all the way!
They gave us the deposit less the countour survey ($1100) and less one set of plans ($250). I actually asked them to provide a receipt to prove that the contour survey actually cost $1100 but they didn't, but I'll just leave it. Re: Pulling Out - Help with conflicting tender clause re deposit 12Aug 25, 2008 5:21 pm Thats fantastic Rachelle, we had to do the same thing with our previous builder and we were able to re use the survey plans which was great.
It is always better to count your losses than to enter into something that your gut tells you is not quite right. Its a big decision to make and its a hard line to take, so well done on following your instincts...... Re: Pulling Out - Help with conflicting tender clause re deposit 13Aug 26, 2008 10:44 am Great news Rachelle, great that you didn't have to battle them for your $$. Hope things go better with your next chosen builder. Happy at Home Re: Pulling Out - Help with conflicting tender clause re deposit 14Aug 26, 2008 2:24 pm Congrats, it's always nice to finalise the unpleasant things in life - now you can look forward to and enjoy the next step in your building journey without that little bit of baggage putting a dampener on things! 'We make a living by what we get, but we make a life by what we give.' - Winston Churchill Re: Pulling Out - Help with conflicting tender clause re deposit 16Sep 05, 2008 2:25 pm Just back from an amazing holiday in Thailand...
Great win for you Rachelle, but its also noteworthy that they refunded money to you without a fight. Not many builders who will do this easily. Just makes me a feel a bit better to be building with them. Good luck Raz If you think you can, you can. Unless there is something in special conditions the builder does not have to give you timeline. If your demolition contractor has not removed Asbestos and it was found… 12 28811 Hey. Head to a metal and decide on which profile you will use first. Profiles with larger corrugations can greatly change the appearance of the color in different… 0 3388 In NSW the maximum deposit for building work is 5% until the builder provides HBCF insurance 1 4831 |