Browse Forums Building A New House Re: Initial Deposit Dispute 23Sep 10, 2021 7:31 pm Foremost Building Expert in Australia,assisting with building problems/disputes, building stage inspections,pre-contract review advice for peace of mind 200 blogs http://www.buildingexpert.net.au/blog Re: Initial Deposit Dispute 25Sep 11, 2021 10:20 am Foremost Building Expert in Australia,assisting with building problems/disputes, building stage inspections,pre-contract review advice for peace of mind 200 blogs http://www.buildingexpert.net.au/blog Re: Initial Deposit Dispute 37Sep 28, 2021 1:06 pm sparshrohatgi Hi Guys, Need some advice about a scenario I am facing. I had paid a builder initial deposit (says non refundable) of 2000$ based on there initial quote and inclusions list we discussed verbally. They then gave me an HIA contract with the same contract price as discussed and even a draft drawing. However within 2 weeks before I could sign and send the HIA contract they came back saying that they would not be able to build at the same price and are now asking for 15000$ extra for the same inclusions. This new contract price is above my budget and hence I have asked for my deposit back as it was paid on a verbal agreement of initial contract price. The builder is not willing to give me a full refund. What can I do in this situation ? No contract is signed yet. Hi sparshrohatgi It is possible that the Builder is breaching or repudiating the original agreement. If there is no Contract because the Owner did not “accept” the HIA contract, then it seems logical you would be entitled to recover your deposit. A deposit is not payment for works performed but rather as intended, a deposit. Much will depend on the facts of your case. You might speak with the Office of Fair Trading for advice. You might escalate this to the NCAT if the Builder is not willing to refund the payment. It will likely cost more than $2k to get legal representation so you might spend the time to study the Contract and get assistance from Fair Trading and the Tribunal. Cheers, John Get sound legal advice. We manage Building Disputes, Construction Contracts, Security of Payment. PM for queries. https://www.contractsspecialist.com.au/articles/ yes it does, you've just not understood it. theres a difference. 4 5331 In NSW the maximum deposit for building work is 5% until the builder provides HBCF insurance 1 4830 |