Jul 17, 2021 5:44 pm
First home owner based in WA
We signed up with our builder in December 2020 and paid 2k deposit. It has been 7 months now and just been told by the builder that they went someone to start with footings and encountered storm water drain in the way of putting the slab. They are blaming the land developer and not taking up any responsibility.
We settled our land in sept 2020 and if the slab is not down by September 2020, we will lose out on FHOG and have to repay stamp duty duty ( as the requirement is to get slab down within 1 year of settlement on land)
Adding to it, my partner who is on the contract and loan is now on maternity leaves and if the slab is not down by sept 2021, we will have to fork out 17k out of pocket ( loss of fhog and repay Stamp duty) .our lender will not increase the loan amount and loan will fall through due to change of circumstance affecting our borrowing .
Builder has been made aware of this and was given 5 days to respond but all they say is that they we will get back ASAP.
Any suggestions, we want it out and cancel contract due to delay and change in borrowing capacity
Billy and bob
Re: Getting out of building contract WA2
Jul 19, 2021 10:20 pm
You can get out of a contract under certain circumstances, but very limited circumstances (its all in your contract) if you meet the criteria and can get out you will be up for all moneys that the builder has spent
Re: Getting out of building contract WA3
Jul 24, 2021 11:21 am
Unfortunately you aren't the first to get stung when withdrawing from a contract and you won't be the last.
The contract you sign always favours the builder and
the best you can hope for is to have some control, the drawings, specifications, data etc and to know what you are getting yourself into
Here Read this
Home dreams shattered as Perth families gagged by builders’ silence culture
Designer,Engineer (Civil,Const & Envir),Builder,Concrete & Masonry Contract.Struct Repairs
Re: Getting out of building contract WA4
Jul 31, 2021 1:35 am
Thanks , I am hoping to get out of the contract and happy to pay for the admin work done so far. Nothing has been done to site .
With a new born and mrs going on maternity leaves , our income has reduced significantly . Have advised the builder of the same in good faith but they came back stating that this is no legal reason for termination of contract .
What else can I do?
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