Browse Forums Building A New House 1 Jun 23, 2009 6:46 pm Hi Everyone! I have been told that I MUST sign my tender and provide cheque at the tender appointment. I explained that I could not possibly go over the structural detail etc in such a short time sitting in an office under the glare of a 'sales' person! I haven't even seen my siting - I need to measure! I need to be sitting on my couch with a cup of tea! Surely, legally I am allowed to take it home and return it within a set time period with cheque? Does anyone know where we legally stand? It seems a bit ******* (although I am aware this is practiced by many of the big builders but it doesn't mean its right!)... Any input/experiences would be appreciated! Liz Re: Question regarding the tender process 2Jun 23, 2009 9:19 pm Doesn't sound right to me. We had our Tender emailed to us and we altered various things for over a month prior to signing. Then again we had to pay an upfront payment to get the Tender done so they probably didn't mind us altering it so much. Re: Question regarding the tender process 3Jun 23, 2009 10:10 pm micks_k Doesn't sound right to me. We had our Tender emailed to us and we altered various things for over a month prior to signing. We were at tender for over a month because when we turned up some major pricing were not completed (not that we intended to sign on the day). We ended up going back and forward via email with the tender person for over a month to get a number of things fixed and amended before I saw him again to hand in the tender and paid the additional deposit. Re: Question regarding the tender process 4Jun 23, 2009 10:32 pm Elzbeth Double check, we are with the same builder and didnt "have to" sign on the day, we could think about it for as long we wanted (or walk away of course) we just werent able to take anything home until we had signed. Double check this as well however when you sign for Tender (not HIA contract meeting) you are signing giving authorisation to PD to prepare the engineering drawings, foundation design and prepare the formal contract. This is also what the extra money you are paying covers. You can still pull out all the way upto signing the HIA contract however you lose more money the longer you go. From memory, also, once you sign at Tender, no more structual changes can be made on the house. But other cosmetic changes are ok. They didnt provide any "updated" or more detailed plans, we were using the ones provided to us at sales with hand markups which you should already have? The siting was the only "new" drawing and the house was where we wanted it so we had no probs with that either. If you need to think about it and meaure, just write some notes about the setbacks from the boundaries and take them away with you. They cant stop you doing that! Talk to your CSC about your concerns. Mine was very good as we had the same reservations of signing on the spot, but had no problems doing it in the end as we had finalised all the structual changes, we werent signing our lives away and still had time to consider all our further changes in the weeks leading upto the final contract (we had a lot of these). Just make sure you dont feel pressured by them and ask as many questions as you need so you understand exactly what to expect on the day. Re: Question regarding the tender process 5Jun 23, 2009 11:33 pm Thanks for the responses! Sierra, thanks for your input, I didn't realise I didn't get any elevations etc. I have a few structural changes that if they aren't interpreted correctly could be a disaster (for eg. feature plaster around fire place), extra windows and changed window sizes and types. I'd really need to visualise them to make sure they are correct so I don't know how i'm going to sign off on something I can't see - how did you go? How can a client not take a copy home to look at? Again - is that legal I wonder? Gosh, this is a real rail roading process - I think I'm going to have to call an authority to get some feedback - please feel free to enlighten me if anyone knows anything about rights of home buyers! Liz Re: Question regarding the tender process 6Jun 24, 2009 12:00 am Elevation as in land contour? We got this in our soil report. They should be able to give you that before tender, you have paid for it. Ask your CSC. The siting diagram they provided us had the contours and proposed line of cut and fill using the info from the land survey.
As far as tender, we had made only slight structual changes. On the day they went through each all of them, one at a time, to ensure they were all there and correct. Everything was as it should have been which was good. BTW im not disagreeing with you, i think it is rediculous you cant take them home to look through in your own time and wish you all the best in pursuing this! However, legally I doubt there is a problem with their stance. Re: Question regarding the tender process 7Jun 24, 2009 12:07 am Liz A few simple facts based on my experience; The sales person gets paid only when you sign. They are not your friend or family. This is a business transaction. Your transaction for your home with your money. You don’t have to sign a dam thing. Your home, your money and your right to say NO. Why would n't you want to take the tender home, even take it to 10 other builders also. It is their offer to treat, it’s an offer to you based on the price. It’s an estimate of the house price. Even if you do sign it, it’s not a contract as in a domestic building contract. However, never sign anything you don’t fell 100% about. If they put you under pressure get up and say I don’t like your terms and walk out. I bet you will not get to the door and they will say come back. Please take it home, check the site costs, ring round and ask for what a private contractor would charge. Check what a cabinet maker will charge you for the pot draws after hand over, it may be $ 100 cheaper or it may be $200 more. Think what can I do after hand over, & for what price. Get out a calculator and add it up. If an item is way over priced tell them, don’t just except it because. Just because they say you have 900mm of fall on you land does not mean it’s correct. Also, please take a friend with you every time you go to see the sales person. It’s an old tactic and you need support when you have to say no. Last but not least, please before you sign anything more seek legal advice, it will cost you, but you will not regret it. There is no such thing as a standard building contract. The form is the same but each builder will put different conditions, time frames, rates, start dates etc in it. You need to know how these will impact on you. A solicitor can neg. better terms for you and tie up all the loose ends. HIA makes these contracts for their members, the builders. Also the specification for the home needs to be looked over and well, by someone who knows what to look for in it. Not all solicitors know alot about building but will be OK on contracts it is best to get one who works in construction for the best result and total peice of mind, you will also find the sales person will back off. Do you really know what you are getting for your money? Make a list of all the things you don’t understand and want to know. Then take it to your solicitor, you will be very surprised what and how these contracts can impact on you. People will tell you that there is not need to get legal advice on a HIA or like contract but its what’s not in it that matters the most. Sorry for the long post, but this is important and don’t feel bullied into signing, It’s a poor sales person what acts like this. A good sales person will want you to take your time to check it over. Good luck KW…………… “It's just as unpleasant to get more than you bargain for as to get less” George Bernard Shaw. Re: Question regarding the tender process 8Jun 24, 2009 8:46 am KW! I love your work! You have responded to all my instincts - I just wasn't sure if I was being a paranoid maniac!! I will certainly be firm and will definately be taking my tender home! I really, relly appreciate your post...thank you. Re: Question regarding the tender process 9Jun 24, 2009 12:04 pm Lis Its better to be a paranoid maniac than just a maniac lol. Beleive me this is the most importaint part of buying a home. To go into it in detail can take days going over the specs & contract. Take that friend with you. If the sale person trys it on say you have to show it to your boyfriend/husband, father, brother first. Dont know who you are building with, but most of them dont want you to shop it round as I know several builders will match it or even better the price when they see it on paper. Thats why they want their money when you sign on the day, so you have a bit more to loose if you dont build with them. If you need any more ideas or contacts, legal and other, PM me and I can give you a bit more info on it all. Good luck KW........... “It's just as unpleasant to get more than you bargain for as to get less” George Bernard Shaw. Re: Question regarding the tender process 10Jun 24, 2009 12:51 pm If builders are worried about people shopping around once they have a contract, then just leave the price out. 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