Browse Forums Building A New House 1 Oct 03, 2014 9:07 pm Hello, Having a dispute with a builder even before construction/my land registration Approached this builder for a house and land package and paid a $2000 holding deposit for building with them. We were showed the available lots and asked to select the lots we preferred. The Developer(of the land) who was different from the builder pulled out the lots(allocated to us) for some reason and opened them to public. The builder asked us to queue up on the day of the land release(as advertised by the developer) and were made to believe we'll get priority when we go there. A bit suspicious we went in the middle of the night (for the 9 AM release) and found around 5 people already waiting there. We managed to secure a lot with no priority as mentioned by the builder and entered a contract only with the developer for the land and not a contract for the house and land package. We were still working with the builder as we were interested in their product. After we saw the preliminary plan and tender(quote) we decided not to proceed with them as there were better packages in the market. Now the builder claims taking legal action on us as they introduced us to the land and for the loss of the potential profit they would've gained. Things we've done i) Paid initial $2000 deposit and provided our details and a signature for the deposit ii) Had a couple of meetings on discussing plan and quote Things not done i) Did not sign any tender ii) Did not sign off the plan iii) Did not sign a building contract We paid the deposit, got a quote and decided not to proceed without signing any tender or a legal contract.Is there anything the builder can hold us to legally for not proceeding with them? Appreciate any feedback Re: Dispute with a builder 2Oct 03, 2014 10:39 pm As you correctly stated... they have not got a legal contract and therefore have nothing to force you. Re: Dispute with a builder 3Oct 04, 2014 12:42 am Sounds like they're trying it on. Did you sign anything at all when you paid the $2,000? Generally, in those cases, most documents that builders provide make it very clear that no building contract has been entered into. Our build thread [url]https://forum.homeone.com.au/viewtopic.php?t=71492/url] Prestart: 18/7/14 Final plans: 13/8/14 Building permit: 30/9/14 Re: Dispute with a builder 4Oct 04, 2014 1:55 am We were asked to give our details like name address to get them into their system. I dont think we signed anything at that point. Even if we signed something at that point can they use that as a legal doc to bind us in contract? Re: Dispute with a builder 5Oct 04, 2014 2:26 am A friend who is in it with us signed on the preliminary plan. Can they use that as a legal doc as our acceptance to build with this builder? Our understanding was unless we enter into a building contract with the builder we can back off anytime. Re: Dispute with a builder 6Oct 04, 2014 3:17 am Best you have a chat to a lawyer. I think you've got no obligation but best get the legal firepower behind you and proper advice. You could even try talking to a legal aid/citizens advice bureau kinda place which won't cost you an arm and leg for an initial consultation. At any rate, you'll see the builder's true colours when they know you've consulted a lawyer. Our build thread [url]https://forum.homeone.com.au/viewtopic.php?t=71492/url] Prestart: 18/7/14 Final plans: 13/8/14 Building permit: 30/9/14 yes it does, you've just not understood it. theres a difference. 4 5206 Hi Mofflepop, I would recommend finding a building designer to prepare plans, they should design to your specified budget. The benefit is you can tender the project out… 9 20183 |