Jun 17, 2020 8:26 pm
Hi has anyone here purchased an apartment at the new M-city Complex and have issues?
At the time of signing their staff showed us the marketing materials, floorplan etc.
However, we didn't realise until inspection that their floorplan did not match our brochure for that specific apartment.
To give everyone a clearer understanding:
Our balcony area was reduced considerably, we can't even buy outdoor furniture for that area anymore.
Due to Covid we chose the option where a representative would inspect the property for us and send us a report with photos. We then settled. However the photos in the report didnt' give us a clear view of what our balcony looked like. We only saw after we visited the apartment.
When we looked at the contract in more detail we realised that the floorplan in the contract was different to the one they had printed for us. I feel misled, they kept that pretty quiet when we were signing, they did not point out that "Hey, this is the brochure version of your floorplan for apartment number XXX, it says you get 15 squares of balcony space, just like the drawings here but in fact in your contract, you only get 10."
Because if they had pointed that out at the time of paying the deposit, we would have not chosen that apartment and would have chosen another apartment number with larger balcony space.
Can anyone offer us advice?
Re: M-city Clayton (VIC) build issues?2
Jun 17, 2020 9:00 pm
I don't think that the brochure forms part of the contract, others should know for sure but many brochures also state Subject To Change or words to that effect. This is why you should always have a pre contract signing consultation with an industry expert well versed in the art.
Re: M-city Clayton (VIC) build issues?3
Jun 18, 2020 9:39 am
Yeah I understand that the marketing material doesn't form part of their contract.
But I want to clarify even further:
On the day that we signed with them they showed us about 20-30 different floorplans. We chose the one with 2 bedrooms and 2 bathrooms with a medium size balcony. They printed out that floorplan for that specific apartment number.
The correspondence with us, the floorplan attached to their emails matched what they had printed out for us if that makes sense. They print out the selected floorplan for each buyer, each are different depending on which one you chose. The floorplan also states for Apartment xxx your balcony area is ## squares and living space is ## squares.
It is only after inspecting the property that we saw that it did not match what they have been saying at all. Hence why we feel that they have been misleading us.
Re: M-city Clayton (VIC) build issues?4
Jun 18, 2020 10:25 am
That is more detailed to what was originally posted.
There have been many posts on Homeone where people have said they were promised something they never received and the advice invariably given is that if it isn't in the contract or in the plans, it never happened. You appear to have a stronger case than most who usually only have verbals (he said - she said) but you really need to seek good legal advice and weigh up the practicalities of taking it further. Unfortunately, builders are well versed in working the system if they take that course.
Have you corresponded in writing to the builder about this and what sort of outcome would you be asking for?
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