Browse Forums Building A New House 1 Jun 10, 2009 10:39 pm Hi guys, We're new to building. Just wanted to ask of other people's experiences in contract signing. We're building with S*monds and have heard that you basically get to see your contract on the day you are required to sign (and that you can't take it home with you to read over). Is this a company policy or do only some branches do this? It seems like a strange practice. Any thoughts or experience with this? Thanks, Maz Re: Signing Contract on the Day 2Jun 10, 2009 10:44 pm We took our contract home with both M3tricon and PD. If they won't let you look over it at your leisure then tell them to shove it. Both times I had it back the next day, but that time to look over things was invaluable. I leave you to fend for yourself, figure things out yourself. Terrence Malick Re: Signing Contract on the Day 3Jun 10, 2009 10:46 pm We also were able to take ours home (building with NBG) and thoroughly go over it and take it back as soon as we could. Don't feel pressured and take your time. Re: Signing Contract on the Day 4Jun 10, 2009 10:59 pm We also took ours home, we had ours for 2 weeks before signing it! I wouldn't be signing my name to ANYHTING without being able to go through it at my own lesiure. Building Thread viewtopic.php?f=31&t=13002 Site start: 8th July 2009 Handover: 11/12/2009! 5 months total build time. 40 sqs of luxuary...Bliss! Re: Signing Contract on the Day 5Jun 10, 2009 11:12 pm That ridiculous. Take the contract home and read it. then read it again. If you're not sure about something, get advice. Do not sign it on the spot. For any lawyers out there, would a contract that you were forced to read and sing on the day be legally binding? Demolition August 2009, Construction Started September 2009, Completed December 2010 Re: Signing Contract on the Day 6Jun 10, 2009 11:18 pm Casa2 For any lawyers out there, would a contract that you were forced to read and sing on the day be legally binding? Yep! Same goes for when you sign something without reading it. (Unless they went out of their way to hide something from you or were holding a gun to your head, then you might be able to get out of it due to misrepresentation/duress). Our builder let us take the contract home for as long as we wanted. A house is a huge investment and the contract is one of the things you definitely need to get right. Building a Wisdom Homes Impression 33 MkII http://lilypadintheponds.blogspot.com/ We have the keys! Tiling in progress... Re: Signing Contract on the Day 7Jun 10, 2009 11:46 pm principessa Casa2 For any lawyers out there, would a contract that you were forced to read and sing on the day be legally binding? Yep! Same goes for when you sign something without reading it. (Unless they went out of their way to hide something from you or were holding a gun to your head, then you might be able to get out of it due to misrepresentation/duress). Our builder let us take the contract home for as long as we wanted. A house is a huge investment and the contract is one of the things you definitely need to get right. I don't see much difference between asking you to read and sign a contract on the day and putting a gun to your head. Actually, I do see a difference now ... there would be less duress with a gun to my head! Demolition August 2009, Construction Started September 2009, Completed December 2010 Re: Signing Contract on the Day 8Jun 10, 2009 11:49 pm we had ours emailed to us to make sure they were right and then i let our admin know they were right... after this she sent them out to us and we had the hard copies for over a week before signing! If you cannot taken them home i say screw them aswell! 2nd build here we come in Whittlesea! https://forum.homeone.com.au/viewtopic.php?f=31&t=92617 1st Build - Henley - Cooper in Doreen! (2009) https://forum.homeone.com.au/viewtopic.php?f=31&t=17354 Re: Signing Contract on the Day 9Jun 10, 2009 11:50 pm Casa2 I don't see much difference between asking you to read and sign a contract on the day and putting a gun to your head. Actually, I do see a difference now ... there would be less duress with a gun to my head! Well, in the former, you have the option to refuse! Building a Wisdom Homes Impression 33 MkII http://lilypadintheponds.blogspot.com/ We have the keys! Tiling in progress... Re: Signing Contract on the Day 10Jun 10, 2009 11:55 pm i agree cinny and it is the fact that you have the CHOICE to say "screw them" that makes the contract legally binding regardless of whether you have read the contract completely or signed on the day of receipt in the builders office - as prinicpessa has stated, there are very few situations that would be by law "duress" and the fact that you are emotionally connected to the house is not one of them agreed Casa2, definitely not good customer service, not good practice and it sure looks *******, but still legally binding... 2014 - Prepping to build the Soho 4 with Plantation homes, industrial style 2009 - Built the Brampton with Coral Homes viewtopic.php?f=31&t=15399&start=280 Re: Signing Contract on the Day 11Jun 11, 2009 12:04 am principessa Casa2 I don't see much difference between asking you to read and sign a contract on the day and putting a gun to your head. Actually, I do see a difference now ... there would be less duress with a gun to my head! Well, in the former, you have the option to refuse! You can refuse if there's a gun to your head. And the consequences may be less severe than signing a contract on the spot Demolition August 2009, Construction Started September 2009, Completed December 2010 Re: Signing Contract on the Day 13Jun 11, 2009 9:33 am Just tell Simmons you need to show it to your solicitor. For the lawyers out there, would it be illegal to prevent someone from getting legal advice? Demolition August 2009, Construction Started September 2009, Completed December 2010 Re: Signing Contract on the Day 14Jun 11, 2009 10:21 am Again, they can't "prevent" you from getting legal advice. You don't HAVE to sign the contract. You can walk away. However, if you choose to accept their policy and sign without getting advice, the contract is binding and that's a risk you have elected to take. Building a Wisdom Homes Impression 33 MkII http://lilypadintheponds.blogspot.com/ We have the keys! Tiling in progress... Re: Signing Contract on the Day 15Jun 11, 2009 11:45 am maz_ Hey guys thanks for your advice, however is there anyone out there who has experienced this issue with Simonds?? They did this with us - can't take it home because "you might take it to another builder and get them to build it based on our contract" (exactly what I was told when I asked would we be able to take the contract home) They did send me a sample contract to read through first and this is essentially the same less the numbers bit. I'm still not sure that they can legally do this but that's Simonds for you! My blog: http://artstitcheshome.blogspot.com Re: Signing Contract on the Day 16Jun 11, 2009 11:53 am well well well.. isn't that interesting. Simonds are gonna be in for a shock when I refuse to sign on the spot next month. Be strong and don't let anyone bully you into signing something! Contracted completion date 24 July 2010. What's today's date????? Re: Signing Contract on the Day 17Jun 11, 2009 12:04 pm We received our contracts in the post and I went through the whole document and made notes on anything that I had a query on.....which was a lot of queries!!!!! I put all of these queries to my CSC at DFH and she gave me answers on most and the rest she had clarified before we had our meeting to sign the contracts, where I ended up bombarding her with more questions. All of my queries ended up getting me $3,000 off the contract price so I think it is essential. Needless to say I would recommend not signing anything on the day! Building with Dennis Family Homes - Hartley 280 Location: Settlers Run, Botanic Ridge Re: Signing Contract on the Day 18Jun 11, 2009 2:14 pm I'm building with Simonds and our contract 'signing' in coming Monday. I have requested a copy or contract, drawings and costs so I can see before we go. So hopefully thy supply this. Otherwise they will be dissapointed when I show up Monday and won't sign. NO EXPECTATIONS, NO DISAPPOINTMENTS! Build Thread: viewtopic.php?f=31&t=27441 Landscaping Thread: viewtopic.php?f=19&t=43969 Re: Signing Contract on the Day 19Jun 11, 2009 11:04 pm boiselfish I'm building with Simonds and our contract 'signing' in coming Monday. I have requested a copy or contract, drawings and costs so I can see before we go. So hopefully thy supply this. Otherwise they will be dissapointed when I show up Monday and won't sign. Boiselfish let us know how you go, we're all cheering for you! Same goes for you Helloween. The advice has been great, and it's interesting to see that some of the other volume builders don't practice this. Re: Signing Contract on the Day 20Jun 15, 2009 1:51 pm WELL.... Contract signing, or should I say NOT signing with S1m0nds. Where does one begin, as expected the appointment went okish for about 20mins. Then all down hill from there. After a short explanation of the contract we moved to the drawings, as expected WRONG STILL. I let the guy continue on his merry way in explaining and when he asked about errors I pointed them out. He ummed and ahhred a little. I asked if he was done with the appointment. I dont think I got a yes or no out of him at that point. I presumed yes and told him I wanted to take it to look over. Looking a little stumped at a fair and reasonable request he had to ask a higher power. While he was speaking to god we looked over the prices quickly and what have you and everything seems to be higher than our original quote. So immediately made me angry. Returning with my CSO whom is fantastic, she asked what was wrong. I pointed out a few things but was far to annoyed. I demanded they let me take the contract as if im to be part of it I want to know it inside and out before I sign it. Their response was to me well 'god' has said you need to sign it here and you have the 5 day cooling off period. This is clearly unacceptable to me as I dont want to keep signing an incorrect contract then canceling with the cooling off period clause. I demanded a refund of my initial deposit as promised by my sales rep that I have emails to prove lucky. I was being quite loud at them by tis point and they quickly gathered the contracts off the desk and said forward them the emails re a refund and they will take it from there. Looks like they want my business. I have just email the CSO with my complaints as to why I should be able to look over it in my time before signing. I also forwarded her the emails from the sales rep re refunding just incase everything goes the wrong way. Is it too much to expect to have a correct contract at signing? ANNOYED! Lets just say it was a silent trip home in the car. NO EXPECTATIONS, NO DISAPPOINTMENTS! Build Thread: viewtopic.php?f=31&t=27441 Landscaping Thread: viewtopic.php?f=19&t=43969 4 1710 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 4551 You talk about deletions, are they variations or PS and PC adjustments? pleas list them 1 12011 |