Browse Forums Building A New House Re: Our Build in Champion Lakes with Ben Trager Homes 22Jan 29, 2014 7:29 am Our Family Home Thread: https://forum.homeone.com.au/viewtopic.php?f=31&t=69221 Our Investment Build Thread: https://forum.homeone.com.au/viewtopic.php?f=31&t=69588 Re: Our Build in Champion Lakes with Ben Trager Homes 24Jan 31, 2014 9:19 am Our Family Home Thread: https://forum.homeone.com.au/viewtopic.php?f=31&t=69221 Our Investment Build Thread: https://forum.homeone.com.au/viewtopic.php?f=31&t=69588 Re: Our Build in Champion Lakes 28Feb 01, 2014 9:20 am Our Family Home Thread: https://forum.homeone.com.au/viewtopic.php?f=31&t=69221 Our Investment Build Thread: https://forum.homeone.com.au/viewtopic.php?f=31&t=69588 Re: Our Build in Champion Lakes with Ben Trager Homes 30Feb 05, 2014 3:36 pm Demo + Build in Rivervale, Western Australia Moved in June 2014 http://rivervale.tumblr.com/ Building Thread Re: Our Build in Champion Lakes with Ben Trager Homes 31Feb 08, 2014 9:17 pm Hi All, There will be no further updates to this build. The contract was verbally terminated by the builder and our deposit refunded. The reason was to the effect of - they felt that they no longer had our trust as clients as we had chosen to take our concerns to a public forum (referring to this blog). The deposit was refunded quickly (even though the letter itself was addressed to another couple) & did not state the reason for the refund even though we asked them to put it in writing. Re: Our Build in Champion Lakes with Ben Trager Homes 32Feb 09, 2014 12:34 am ![]() The reason was to the effect of - they felt that they no longer had our trust as clients as we had chosen to take our concerns to a public forum (referring to this blog). The deposit was refunded quickly (even though the letter itself was addressed to another couple) & did not state the reason for the refund even though we asked them to put it in writing. I signed up just to express my displeasure with this - they were probably unhappy that you posted their blank development application on the forum. No doubt this would have put them off, in knowing that you wouldn't just lie down and take whatever they wanted to throw at you. I think though, it's probably a good thing. You would have hated to get further down the track to be requested to sign blank forms and then be stuck with the builder regardless. I wouldn't be surprised if, via the ombudsman, you were entitled to a reimbursement of the interest payments incurred whilst under the agreement to prepare plans. Certainly sounds like a case the ombudsman would love to hear about. Very, very poor form of any company to simply refuse to deal with a client citing a lack of trust. Effectively, they are mitigating what could be an expensive legal case further down the track when it is revealed you were requested to sign blank forms and those forms were then filled in with details you did not actually agree to by signing. Just on the lawful side of things, here is a section I thought would be relevant from the Home Building Contracts Act 1991 ![]() Section 15.1: A builder must not — (a) in connection with the formation or execution of a contract or negotiations to vary a contract after execution, or the circumstances in which the contract or variation of contract is entered into, engage in conduct that is unconscionable, harsh or oppressive I personally found the request to sign a completely blank form to be fitting of the word unconscionable and I think you'd find the court of law does not think requests to sign blank forms are conscionable either. Certainly signing blank contracts is a massive no-no, what's different about legal application forms to council? Consumers have a right to know what their signature will be attributed to before providing it. In our building process, we were required to sign/initial all of the final plans before they were sent to council. We did not sign any 'development application form', I am relatively sure those were signed/sent by the relevant staff at the building company. It would appear you were being asked to sign a development application with no information attached to it whatsoever before you would be given the plans? Harsh at best. Probably best that you didn't continue with them. ![]() Here's hoping that your next builder gets it done quick and smart for you, so you can get building soon! We know what it's like having a block but nothing to put on it.. so wishing you the best rj40!! Re: Our Build in Champion Lakes with Ben Trager Homes 33Feb 09, 2014 1:52 pm Thank you enkayz for your Support & information! This heavy handed action has no doubt shocked & stressed us to no end. We understand there is no perfect build experience but it's the way that issues & conflicts are addressed & resolved that matter most. And yes there is no time to lose as we have a clock ticking on an empty block in the meantime....so onward we go with a positive outlook ![]() Re: Our Build in Champion Lakes with Ben Trager Homes 34Feb 10, 2014 12:15 am Wow. Seems like a drastic reaction. Didn't think you were particularly critical. At least they were quick refunding you. Hope the cheque was in the correct name ![]() Hope you can find another builder quickly and they don't drag their heels with your build. You've now got time to make up. The longer the process drags on, the more money it costs you. Re: Our Build in Champion Lakes with Ben Trager Homes 35Feb 10, 2014 10:42 pm Hope you have a new blog soon with a new builder ![]() Our Family Home Thread: https://forum.homeone.com.au/viewtopic.php?f=31&t=69221 Our Investment Build Thread: https://forum.homeone.com.au/viewtopic.php?f=31&t=69588 Re: Our Build in Champion Lakes with Ben Trager Homes 36Feb 11, 2014 10:40 am ![]() "............no time to lose as we have a clock ticking on an empty block in the meantime....so onward we go with a positive outlook ![]() All the best. Try and keep that positive frame of mind. Builder:Aveling, Champion Lakes Deposit:21/06/13 Contracts:1/08 P/start:3/09 Kirsty F Var/Contract: 5/12 Slab17/3/14, Bricks28/3, Walls30/5,Roof frame18/7,Render14/8,Ceiling15/8,doors lock up 2/9 There are lots of hidden clauses - which you will get charged or penalized later. They will tempt you to sign the paperwork offering a cheap contract price, would delay… 10 31899 I second taking your plans elsewhere. They're yours (unless you ended up in one of those cheaper arrangements where you don't own the rights and the build will be tendered… 2 32712 Thank you so much everyone. This all makes a lot of sense. I guess when you talk to a builder who butters up everything to look very polished, you get to start believing… 7 69795 |