Browse Forums Building A New House 1 Nov 06, 2011 10:14 am As you may have read in the other thread our builder went into voluntary liquidation on Friday. We are 4 days away from handover and paid the final balance on thursday (and have evidence of this payment from the builder). There are report of theft and damage in the estate and our neighbour says there were tradies on our site yesterday with a box trailer. Has anyone changed the locks and taken possession of their home? How did it go? Being Sunday no one (insurer, administrator) is available to assist and we don't know what to do. Land at Chermside At tender stage Re: Gaining access after liquidation 2Nov 06, 2011 10:51 am In my mind, you may be lucky that you paid the final payment. Would this not mean that you are now the legal owner? I would organise insurance straight away in case there is damage. And if my assumption that you are now the legal owner is correct, I would move in. The problem would be that some items may not be finished. Ideally these would be paid by the Home Warranty Insurance company, but I would check the policy to see if you moving in ends their obligation. In which case it gets complicated. Ideally you want to move in, get any remaining items finished at the builder/insurers cost and avoid any damamge. Sounds like some quick legal advice would be good. Demolition August 2009, Construction Started September 2009, Completed December 2010 Re: Gaining access after liquidation 3Nov 06, 2011 11:38 am I have no idea but I really hope you get it sorted quickly my new build thread- Ben Trager https://forum.homeone.com.au/viewtopic.php?f=31&t=89826 my switch build thread (2011) https://forum.homeone.com.au/viewtopic.php?f=31&t=36569 Re: Gaining access after liquidation 4Nov 06, 2011 12:45 pm zozo As you may have read in the other thread our builder went into voluntary liquidation on Friday. We are 4 days away from handover and paid the final balance on thursday (and have evidence of this payment from the builder). There are report of theft and damage in the estate and our neighbour says there were tradies on our site yesterday with a box trailer. Has anyone changed the locks and taken possession of their home? How did it go? Being Sunday no one (insurer, administrator) is available to assist and we don't know what to do. I would put up a notice on your home saying that it is your property not the builder's, the trades cannot take back what is installed anyway, that is illegal, but to take it when the home is already paid for means you can call the police. Sure, change the locks - who can challenge you? You are protecting an asset. Ed "ECOECO" At 'EcoEco', we design windows, we design the best windows, we do it for you, so that when you’re happy we are happy. Tel. 1800 326 326 Re: Gaining access after liquidation 5Nov 06, 2011 12:48 pm Its your land, you have paid for the building. You have only given over the site for the purpose of them building the house. Take possession by changing the locks. They say possession is 9/10ths of the law. Get your Building Contract out and read carefully- If its a HIA contract it should be clauses 41 and 42 The Harder You Try - the Luckier You Get ! Web site http://www.anewhouse.com.au Informative, Amusing, and Opinionated Blog - Over 600 posts on all aspects of building a new house. Wasn't Elderton Homes gone late 2022, and since Millbrook was just a high end spin off, this is hardly a surprise. 1 3452 Good riddance if you ask me. They stole so much money from me and my husband for doing initial design plans. Thank god we found another local builder around Pagewood and… 6 10169 Hi, For those whose builder has gone into liquidation. I am trying to find out how the house is insured in the meantime (for the period before you employ a new… 0 2794 |