Fencing issue with seller or developer

Anshu · Feb 03, 2023 12:13 am

My house is under construction and according to the special condition mentioned in our contract regarding the fencing, the seller agreed to install new colorbond fencing at the sides and rear of the property. Rear one was already installed by the developer & the side was left untouched as it was earlier. Today I got a call from my neighbor asking for the share cost for the side shared fence he installed earlier and sent me a bill. According to the contract signed between us, it is the developers responsibility to install a new side fence or pay for the share cost for the same. We did Settlement on Feb 2021. I tried to contact seller conveyancer no answer. Tried to contact my conveyancer not happy to help. Please advise any solution.

AJ1111 · Feb 03, 2023 1:23 pm

What's the actual special clause? Can you type the wording.

Anshu · Feb 03, 2023 1:34 pm

AJ1111

What's the actual special clause? Can you type the wording.

(C) FENCING: THE SELLER HEREBY AGREES to INSTALL NEW COLORBOND FENCING AT SDIE AND REAR Of THE PROPERTY-AND REMOVE CURRENT FENCING-PRIOR to SETTLEMENT at THE SELLERS' COST.

AJ1111 · Feb 03, 2023 1:44 pm

Why did you settle the contract in Feb 2021 then? If no fence was installed? You've completed the contract with no fence and didn't dispute this in 2021?

Anshu · Feb 03, 2023 3:22 pm

AJ1111

Why did you settle the contract in Feb 2021 then? If no fence was installed? You've completed the contract with no fence and didn't dispute this in 2021?

I thought he already paid to the neighbours. Because the fence was not too old. Now after 1 year I got a call from owner and ask for the money.