Browse Forums Building A New House 1 Dec 07, 2009 12:46 pm Hello everyone. First time homeone user here. And First Home Buyer. Your views invited on a bit of a tricky situation we got in to recently. We recently signed a land contract and are looking to build a single-storey house on it. We were looking at builders who would be okay to sign the contract before Christmas. One of them was X Homes (real name withheld). I met with the consultant last Wednesday (02/12/09). Got her to look at the plot of land and she handed over the standard inclusions list. She also got me to initial the preliminary quote statement and took my credit card details for $2500 to be used towards survey costs and a soil test. There was a 24-hour cooling off period (??) on this money, and she was going to process the funds the next day after we had a chance to go through everything in the inclusions list and the preliminary quote. Anyway, we said okay the next day, but to a different design that was originally discussed. She took the funds from my credit card. However, we later realized that X Homes were not going to submit the builder's permit, and it was going to be an extra cost to us. We decided to go ahead with another builder on Saturday who were offering us a lot more in about the same amount of money. We advised the consultant yesterday that we were not going forward with them. I am certain that they have not had the site survey or soil test done yet. Now the question remains - am I still eligible to request a refund of the $2500? Your opinion welcome here... Land Contract signed: 03/12/2009 Building Contract signed: 14/12/2009 Land Settlement Date: 01/02/2010 Plans approved by Council: 02/03/2010 Construction Start Date: 05/03/2010 Keys handed over: 28/09/2010 Move in date: 01/10/2010 Building the HILLCREST 2600 with Simonds Homes Re: Signing Building Contract 2Dec 07, 2009 1:06 pm Hi, I beleive since you have signed the contract you won't get a refund of the $2500, as this is a payment for the soil test and site-survey. By signing this it means you can have plans drawn up, but you can still decide that you don't want to go with this builder if things change. Since they haven't done anything you could push hard to get the money back, but I suppose it depends on what is written in the contract that you signed. In our case we did a pleminary drawing of plans contract with RBC and we decided not to go with them and we forfitted the $2k we spent, but they did draw up plans and do site-survey soil tests..which is not the case in your situation. Hope this help. Cheers pdaemon Re: Signing Building Contract 3Dec 07, 2009 1:28 pm Hi pdaemon. Thanks for the reply. Sorry I forgot to mention that we have not signed the actual contract to build a house with X Homes. We have only given them the money to conduct the site survey and the soil test. Land Contract signed: 03/12/2009 Building Contract signed: 14/12/2009 Land Settlement Date: 01/02/2010 Plans approved by Council: 02/03/2010 Construction Start Date: 05/03/2010 Keys handed over: 28/09/2010 Move in date: 01/10/2010 Building the HILLCREST 2600 with Simonds Homes Re: Signing Building Contract 4Dec 07, 2009 2:10 pm Email them that you are not going with them. They can only charge you for work done and have to provide receipts for said work. I cannot imagine that any of the work has been done as yet. If you have it in writing when you terminated the relationship... it will be aharder for them to claim costs and you have a greater chance of getting your money refunded. Good luck. I leave you to fend for yourself, figure things out yourself. Terrence Malick Re: Signing Building Contract 5Dec 07, 2009 2:53 pm Thanks for the reply joles. Yes, I can see how that makes more sense. I should probably ask them for a breakdown of the expense. Land Contract signed: 03/12/2009 Building Contract signed: 14/12/2009 Land Settlement Date: 01/02/2010 Plans approved by Council: 02/03/2010 Construction Start Date: 05/03/2010 Keys handed over: 28/09/2010 Move in date: 01/10/2010 Building the HILLCREST 2600 with Simonds Homes Re: Signing Building Contract 6Dec 14, 2009 10:25 am The manager at X Homes gave me a call late afternoon on Friday and told me that they will be processing a refund minus 10% administration fees. Hopefully we will receive it before Christmas! Fingers crossed. Land Contract signed: 03/12/2009 Building Contract signed: 14/12/2009 Land Settlement Date: 01/02/2010 Plans approved by Council: 02/03/2010 Construction Start Date: 05/03/2010 Keys handed over: 28/09/2010 Move in date: 01/10/2010 Building the HILLCREST 2600 with Simonds Homes Re: Signing Building Contract 7Dec 22, 2009 2:31 pm Just got the cheque from the builders! Woo hoo! Finally got there without too much hassle and trouble to VCAT or the ombudsman and the rest. Very pleased with the outcome. Land Contract signed: 03/12/2009 Building Contract signed: 14/12/2009 Land Settlement Date: 01/02/2010 Plans approved by Council: 02/03/2010 Construction Start Date: 05/03/2010 Keys handed over: 28/09/2010 Move in date: 01/10/2010 Building the HILLCREST 2600 with Simonds Homes You talk about deletions, are they variations or PS and PC adjustments? pleas list them 1 16557 I've decided, after a period of confusion (my building broker told me it's probably not worth it to use a lawyer, but others have said it is a must) that I definitely will… 7 27953 |