Browse Forums Building A New House 1 Apr 06, 2009 1:30 pm Hi all Unfortunately it seems building is not always a smooth process or so it seems. I’m just wondering if a lot of the problems come from misunderstandings or false expectation. This is why they have contracts. I’m finding legal advice to be important, a little costly, but well worth it. I would like to get an idea of how many people got legal advice and had there contract and other documents looked at by a solicitor before signing. Also what you did to protect yourself from any problems or misunderstanding. Some suggestions have been: Keep a log book. Get it in writing (totally agree to this one) Take someone with you to their office. Let’s know what you did or what you would do different next time. Kind regards to all. KW............ “It's just as unpleasant to get more than you bargain for as to get less” George Bernard Shaw. Re: How many people got legal advice before signing the contract 2Apr 06, 2009 1:37 pm Hi, We had a solicitor look over both our land and building contract. Answering our questions and explaining certain things to us as we are first time builders. Also pointing out things we should keep an eye on etc. Pointying out what our rights are and where in the contract they are listed. I feel that the peace of mind was worth the money. We also keep a log book. Records of phone conversations, dates and times, I also record important phone calls ( bit over the top I know, but never know when it might come in handy we also keep a hard copy and electronic copy of all email correspondence. And photo graphs of each stage of building. Living in Caloundra Thread****** Lovin my house all finished!!! Now tackling the HUGE task of the Garden- viewtopic.php?f=31&t=14782 Re: How many people got legal advice before signing the contract 3Apr 06, 2009 1:40 pm I got my land contract looked at by a solicitor but didn't bother with the building one as my builder uses the standard plain english HIA contract and you have no chance of getting anything changed. I keep a log of every time I call someone and try to get things confirmed in email, even if it means I send the email and ask them to confirm as per our telephone conversation. I actually bought a little A5 sized diary which has a page per day to write everything in so that it is all in the one place and I pretty much carry it everwhere. 'A bottle of wine contains more philosophy than all the books in the world.' Louis Pasteur Vegie garden: viewtopic.php?f=19&t=27637&start=0 My Backyard Adventure Re: How many people got legal advice before signing the contract 4Apr 06, 2009 1:51 pm Ours was an Existing House Yes we got the legal eagles to pick our contract to bits. They tried to slide a clause that once we had exchanged they could still change dates on settlement to suit them or even rent the place out and it would bind us to the agreement...so effectively they could have rented it to themselves for what ever they wanted. Well worth the money spent Electrical Wholesaler Re: How many people got legal advice before signing the contract 5Apr 06, 2009 2:10 pm blahblah They tried to slide a clause that once we had exchanged they could still change dates on settlement to suit them or even rent the place out and it would bind us to the agreement...so effectively they could have rented it to themselves for what ever they wanted. That sounds so ******* Living in Caloundra Thread****** Lovin my house all finished!!! Now tackling the HUGE task of the Garden- viewtopic.php?f=31&t=14782 Re: How many people got legal advice before signing the contract 6Apr 06, 2009 2:36 pm Hi there, we dint get legal advice. Ours was standard HIA contract with few variations. If you wanted some advise regarding HIA contracts have a look at this thread : viewtopic.php?f=31&t=15246 Land Settled 27/04/09. Site Started 30/4/09. Slab poured 21/5/09. Frame up 27/5/09. Building thread : viewtopic.php?f=31&t=15699 Re: How many people got legal advice before signing the contract 7Apr 06, 2009 5:27 pm Thank Jessica will check that out. KW........... “It's just as unpleasant to get more than you bargain for as to get less” George Bernard Shaw. Re: How many people got legal advice before signing the contract 8Apr 06, 2009 7:06 pm We have cancelled our building plan prior to contract signing as our builder refused to allow us to get legal advice, or able to have time to read and digest the contract prior to signing... Thus we took the only sensible option and walked away. Some builders use "its a standard HIA contract" and the like to try and force people into signing documents that they dont fully understand.. Just because they are an industry group, doesnt mean they are right.. I'd always be wary of someone who refused to allow you seek your own advice first.. they might be alright, but what are they trying to hide by restricting your ability to seek advice to the cooling off period. I may have been burned before and thus am cynical. But its better to get your own legal advice, even if it only gives you peace of mind than enter into any contract not fully understanding it. My 2 cents -------------------------------------------------------- Building in Highlands Craigieburn Status: Building the Laundryless 25.5: Slab Complete Re: How many people got legal advice before signing the contract 9Apr 06, 2009 8:55 pm I had legal advice before signing the contract. The solicitor had several items they wanted changed. The builder would only agree to some. The two main ones were liquidated damages (builder didn't agree to change the amount) and what happens if the builder or we go into liquidation. The solicitor had dealt with the Beechwood fall-out, and wouldn't budge on the liquidation one. Unfortunately, we got to the stage of almost needing to invoke it (building with Wincrest), so it gave me a bit of peace of mind. I think it's worth the extra $$ to get it looked at, even if it is the "standard HIA" one. Judie Re: How many people got legal advice before signing the contract 10Apr 06, 2009 10:59 pm mellybuilding Hi, We had a solicitor look over both our land and building contract. Answering our questions and explaining certain things to us as we are first time builders. Also pointing out things we should keep an eye on etc. Pointying out what our rights are and where in the contract they are listed. I feel that the peace of mind was worth the money. We also keep a log book. Records of phone conversations, dates and times, I also record important phone calls ( bit over the top I know, but never know when it might come in handy we also keep a hard copy and electronic copy of all email correspondence. And photo graphs of each stage of building. YES same here!! Keep everything in writing and there will not be any arguments afterward!! Metricon Amira Re: How many people got legal advice before signing the contract 11Apr 07, 2009 5:12 am In our situation we were repeatedly told by the builder (by mouth) the contract was subject to finance. So we signed the contract and paid a deposit without getting anyone to look at it. Our finance fell through because we couldn't get mortgage insurance because the land was too close to high voltage power lines. The builder refused to refund our deposit because they said it was subject to the ability to pay - not the fact that we were denied. (i.e. if it was any other block we would have been ok). We would have had to go to court to prove that the contract said nothing about that - but would have lost more money than the deposit in the end in legal fees. We have learnt our lesson and will be getting a solicitor to look over EVERYTHING, and as everyone else has said, getting EVERYTHING in writing. After 2 false starts, a year living overseas, two more world trips and 3 years of uncertainty we are now starting the build process again - hopefully for real this time! Re: How many people got legal advice before signing the contract 12Apr 07, 2009 11:06 am lisanne I got my land contract looked at by a solicitor but didn't bother with the building one as my builder uses the standard plain english HIA contract and you have no chance of getting anything changed. Same here. Lisanne, did you get a copy a few days before so you could read it before signing (eg: a draft copy)? Re: How many people got legal advice before signing the contract 13Apr 07, 2009 1:29 pm jamesb lisanne I got my land contract looked at by a solicitor but didn't bother with the building one as my builder uses the standard plain english HIA contract and you have no chance of getting anything changed. Same here. Lisanne, did you get a copy a few days before so you could read it before signing (eg: a draft copy)? Sure did, I got a copy about a 2 weeks or so before hand 'A bottle of wine contains more philosophy than all the books in the world.' Louis Pasteur Vegie garden: viewtopic.php?f=19&t=27637&start=0 My Backyard Adventure Re: How many people got legal advice before signing the contract 14Apr 07, 2009 7:05 pm We are ready to go through our contracts on Monday, and won't be signing them until we get them looked at by a solicitor. This is the biggest investment you make in your life, so I am not going to stuff it up by signing something I didnt fully understand. More importantly, I just want to know where I stand in case something doesnt go to plan. Plenty of people get burned by not seeking legal advice. It has happened to friends of mine who have paid terribly. It is definately peace of mind... Building the "Yarra Studio" by Premier Builders/Longvue Homes. Yammerbook Way, Cascades on Clyde All done.. April 2010 Been in a similar position and we decided to let the builder go. Some of the PSA money goes to engineering so we at least got those documents and they actually refunded us… 2 4562 You talk about deletions, are they variations or PS and PC adjustments? pleas list them 1 12043 I would never build with Fowler homes. I built with them in 2021 and till date maintenance issues are pending. All their existing trades and businesses don't work with… 14 73947 |