Browse Forums General Discussion 1 Sep 14, 2008 9:07 pm Hi. We're building our first home with PD and we are about to signing the contract with them in a few weeks time. The thing is PD doesn't allow us to bring our contract home even we asked for just a sample copy for us to take to our conveyancer. So can anyone tell us what's the need of having a conveyancer prior to signing our building contract in this situation?? Re: No conveyancer when building with PD????? 2Sep 14, 2008 9:10 pm Why can't you take the contract home? We took ours home... (different builder)
What a load of crap. If you can't take it home, don't sign it. Simple. Edit: A load of crap from PD...... not from you! I leave you to fend for yourself, figure things out yourself. Terrence Malick Re: No conveyancer when building with PD????? 3Sep 14, 2008 9:12 pm Without fully knowing I'd say that breaks some laws, you must be able to give due dilligence before signing something and taking it to a professional outside of company you are buying from seems pretty standard to me. Re: No conveyancer when building with PD????? 4Sep 14, 2008 9:30 pm The domestic building contracts act 1995 (vic)
http://www.legislation.vic.gov.au/Domin ... 91a065.pdf Should be something in there for you if you are from vic From the building commissioners website Quote: Understanding your building contract For most people, it takes hours and hours to choose the right home. With this level of time and investment it is worth making the effort to read your building contract and understand its contents. Builders and consumers are required to have a formal written contract which meets the requirements of the Domestic Building Contracts Act 1995. The contract is a binding document between you and your builder and incudes a variety of information including a start and completion date, details about progress payments and specifications for your new home. Your builder may use a standard industry contract for domestic housing from their industry association or have a lawyer draft one. Whatever the contract, it is important that you educate yourself on the document and the building contract process. Contracts provide a baseline in case a dispute arises between you and your builder. If the correct information isn't recorded in the contract, either as part of the original agreement or in a variation, it is not binding. Here are some handy tips to help you with the contractual process: Make sure your contract includes a start and finish date, detailed plans and a clear statement about your coooling-off period. Check your contract with a specialist building consultant or solicitor before signing. Cross out all blank sections in the contract. Check insurance details, particularly warranty insurance. Ensure you understand the costings and any subsequent variations. Familiarise yourself with the Domestic Building Contracts Act 1995. The Act sets out a number of warranties that apply to all domestic building contracts, so the work carried out on your home meets its standards. Understand the schedule of progress payments set out under section 40 of the Domestic Building Contracts Act 1995. Parties entering their own schedule of payments should seek expert advice. Make sure variations are documented, understood and signed before work is commenced. Be aware of a five-day cooling off period after signing the contract. Document all work conducted from day one. Taking regular photographs and dating them is a good way of recording the progress of works. For more specific advice on building contracts, please contact Consumer Affairs Victoria on 1300 558 181. Give consum,er affairs a ring to see your rights as well. Re: No conveyancer when building with PD????? 5Sep 14, 2008 9:48 pm If you do a search, there are a lot of discussion about this. I think it is their policy not allowing to bring the contract home...
But i can't believe that they don't even give you a sample to take home.. Properly check with your conveyancer for advice. If you really don't feel comfortable at all, then don't sign it... Blog - http://clageonewhouse.blogspot.com/ Building Thread - viewtopic.php?f=31&t=10886&hilit=milan I am in, with my husband and my beautiful bunny Re: No conveyancer when building with PD????? 7Sep 14, 2008 11:05 pm It's basically just a standard HIA contract though. So if you want to see whats in it just look it up or ask for a sample copy of the HIA contract. Other than that there is just the changes/selections you have made to the house and a few changes they make regarding the number of days and penalties.
The only thing you really need to be carefull with is to make sure that all of the changes you made are listed and that the drawings show everything they are supposed to in regards to modifications and site details. Re: No conveyancer when building with PD????? 8Sep 15, 2008 4:13 pm I see. Thanks a lot guys. Especially to ausfatcat. I'll go and check out more about the link you gave me and print the building contract acts and get myself familiar with it.
So... do you guys think there's still a need for a conveyancer in my situation since we're going to go through the contract ourselves with the builder on the spot? I know I have to be very careful in reading my tender thoroughly (all the plans and modifications)... Re: No conveyancer when building with PD????? 9Sep 15, 2008 4:25 pm I second Mozzie - esp when you get to the drawings stage - check every little, tiny, minute detail of the plans to see that the drawings reflect the exact details you want - b/c that's what they build to!
We've just realised that a cabinet looks a bit funny at the bottom, but it's built to the drawings - wish we'd checked that particular thing more thoroughly! Solidarity, not solidity.......The Lexicon of Life You may still have a case, but your next step is to speak to a lawyer. 3 1624 go upvc window frames ensure insulation under colorbond. not just sarking, lighter color roof also not sure if you have seen this viewtopic.php?t=5823 last couple of pages… 4 110570 |