Carlisle Homes new contract trick

Carlisle Homes have put a new clause in the contract. Have a look at item 36.5. I'm sure that the legislation overrides this clause.

Just when you think they cannot take the P15S any further, they come up with this. Be mindful of your rights when dealing with this builder.

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Here is the clause.

What utter crap.

Under the laws of Australia, the home owner is 100% responsible for the house being built in a compliant manner. Not the builder. Not the Surveyor. You the Home owner. No matter what happens on site, if there is a defect, the home owner is responsible under the Australian Legislation. The home owner contracted the builder. The home owner contracts the surveyor.

Sometimes builders don’t like being told that they are wrong and that they need to fix something. With the increase in Private Inspectors, builders seek ways to keep them off site.

Builders will use all manner of behind the scene processes to cut cost of place special conditions in a contract to try and restrict the home owners’ rights. Before you fall in love with the design, ask for a standard copy of the contract and a standard copy of the specifications. Don’t accept a brochure. You want what you are going to sign. If they don’t give it to you, then alarm bells should be ringing. Watch out for smooth talkers. They are great and diverting you away from what you want.

One of the biggest issues is builders placing terms into the contract to stop you from using who you want as a private inspector. The law states that you can use anybody as per the Building Acts. The builder cannot in most cases restrict you. The Private inspector works for you. Not the Builder. Hence the builder has no control over them.

Another is to put specifications out that are not equal to the Australian Standards. Once you commit to the design and go through the colour selections and all of the other processes, you are emotionally and time committed. At this point, generally 3 to 6 months into the process, the builder presents the contract and specifications that have all of these hidden clauses.

Pressure is applied at that time to sign on the day or you will lose such and such a bonus. Do not sign anything that has not been checked by a lawyer of your choosing.

The second a builder starts talking about special conditions or you have a large amount of specifications that have building diagrams and clauses, seek the services of a professional construction lawyer immediately. If you sign the documents, you may have given away your rights to have the home built in a manner that is compliant with the Australian Standards. Remember it is your obligation to have the home built to the requirements of the National Construction Code. Not the builders or the Surveyors.

As an example, some builders will seek to restrict your rights to use a private inspector. Others will insert what they call Performance Solutions. Or they may call them special building processes.

This warning is given to all as a way of assisting you. Deal with a quality builder that has the runs on the board. Stay away from those that seek to hide behind clauses and conditions. Research the internet and see who is doing what in the contracts. Listen to them as they have had the heart break. Remember, just because it looks good does not make a house complaint. If it comes with conditions that are outside of the normal, then you are more than likely being suckered in.

Well said small minds, yesterday read from vbag on Facebook pretty much what you have said,all Australian government bodies know and are accepting that it's ok for a percentage of consumers to be duded when building, Vic government has made apartment owners responsible for the illegal cladding that developers knowingly installed,it's buyer beware or be ruined with stress and legalitys that you won't win.