Browse Forums General Discussion 1 Sep 06, 2017 9:01 pm In early 2017, Eden Brae took a deposit of 5% and signed a building contract with detailed plan in it. The building plan in contract had all easements in it.
In August 2017, Eden Brae said they cannot built that house as in the plan as it did not follow council's regulations. Initially, they blamed the council and easements and finally they agreed that it is their planning team's mistake who overlooked the council's regulation. Now Eden Brae offered a much compromised plan by deleting all eaves on one side of the house and reducing the width of the house. They took the deposit by showing a beautiful house plan and now they are trying to build a skinny ugly house because of their fault. I did not like the new ugly plan. Having good plan in the contract and changing it later - is it a breach of contract by builder? I feel either they are incompetent or intentionally misleading me or both? As it is entirely builders (Eden Brae's) fault, will I get my deposit back and compensation for distress & damage caused by them? Any advice is welcome. Re: Eden Brae Home and Land Package - Horrible Experience 2Sep 06, 2017 9:22 pm rajesh In early 2017, Eden Brae took a deposit of 5% and signed a building contract with detailed plan in it. The building plan in contract has all easements in it. In August 2017, Eden Brae says they cannot built that house as in the plan as it did not follow council's regulations. Initially, they blamed the council and easements and finally they agreed that it is their planning team's mistake who overlooked the council's regulation. Now Eden Brae offers a much compromised plan by deleting all eaves on one side of the house and reducing the width of the house. They took the deposit by showing a beautiful house plan and now they are trying to build a skinny ugly house because of their fault. I did not like the new ugly plan. Having good plan in the contract and changing it later - is it a breach of contract by builder? I feel either they are incompetent or intentionally misleading me or both? As it is entirely builders (Eden Brae's) fault, will I get my deposit back and compensation for distress & damage caused by them? Any advice is welcome. Re: Eden Brae Home and Land Package - Horrible Experience 3Sep 06, 2017 9:40 pm Iftekhar rajesh In early 2017, Eden Brae took a deposit of 5% and signed a building contract with detailed plan in it. The building plan in contract has all easements in it. In August 2017, Eden Brae says they cannot built that house as in the plan as it did not follow council's regulations. Initially, they blamed the council and easements and finally they agreed that it is their planning team's mistake who overlooked the council's regulation. Now Eden Brae offers a much compromised plan by deleting all eaves on one side of the house and reducing the width of the house. They took the deposit by showing a beautiful house plan and now they are trying to build a skinny ugly house because of their fault. I did not like the new ugly plan. Having good plan in the contract and changing it later - is it a breach of contract by builder? I feel either they are incompetent or intentionally misleading me or both? As it is entirely builders (Eden Brae's) fault, will I get my deposit back and compensation for distress & damage caused by them? Any advice is welcome. Who was your Sales Consultant? My land was like that. But, the Sales Consultant made me aware of that and we planned accordingly before the tender and he made the house wider on the other side to compensate what we are losing at one side for the easement. My Sales consultant was Kevin Huynh. He did not even tell me about one of the easement, which they added later into both building and land contract without informing me. Re: Eden Brae Home and Land Package - Horrible Experience 4Sep 07, 2017 5:16 pm Hi Rajesh, It seems you have a valid reason to terminate building contract with Builder. Try to negotiate to terminate the contract otherwise seek some help with Fair Trading. Thanks Satish I am in a difficult situation. Long story short I have been handed over my brand new home in Sydney with everything in the house being great except the windows that were… 0 966 I built with EB back on 2009. Check out this thread on this forum. viewtopic.php?f=31&t=12911&p=154061#p154061 I can't speak for recent expericience however, we had no… 1 23393 I apologise for any confusion, but your understanding is correct. We approached our situation differently based on advice from… 11 53226 |