Browse Forums Building A New House 1 Jun 02, 2015 11:10 pm Hi Everyone, I am in the process of building but unfortunately having all sort of issues. I try to keep the story as simple as possible. Actor: Consultant and Customer rep from a reputable builder in WA which I've signed the pre contract with and the other builder. I have signed up the pre contract with a reputable builder in WA but due to lots of inconsistencies coming from the consultant and being ridiculously unprofessional (must have fail his customer service 101). I have decided to look for other builders and get some other quote. I also advised the consultant that I will not sign the building contract and would like to take my time looking for other options before committing. The consultant bite back and told me not only I will lose my deposit of $3k (*which I think is fair because I am aware that it is non refundable) but he will also charge all the time and materials that has incurred such as consultation fee, quotation fee, drawing and etc. He reckon that these fee will be more than $3k. I find it disgusting, using scare tactics on their customer and this is no different compare to dealing with gangster. I quickly sent an complaint email, being assigned to a customer service rep, and promised to start the process again in which it has never happened. So now I managed to find a builder which can save us approximately $15k for the same specification or better and I am willing to give up my deposit. The customer service rep now requested me to provide them the quote and drawing to see if she can match/do something about it. And god knows why, I was being threatened that I will get sue due to copyright because the plan that I showed her was similar to the one that the consultant has drawn. I find it ridiculous because all the plan that I've come across from different builders are all very similar. Those builders must be really busy suing each other I reckon. I am certain that 90% I will go to other builder and give up the $3k. I don't want to be threatened again and again. Imagine what will happened if I've committed with them and things go wrong. Any advice on this matter? Please help! ***This is my first time building and I started to think it's not worth the hassle and effort to build. The saving that I thought I will be saving wasn't that great to be honest. Re: Having Building issues and seeking advice 2Jun 02, 2015 11:18 pm Oh dear. I wouldn't want to deal with that mob either and I too would be prepared to lose the 3K. I really can't see how they can sue you for anything. Sounds like a load of malarkey about charging for their consulting fees and I agree, it's absolutely disgusting. Can't give you legal advice but just tell you what I'd do ... Ignore them and go to other builder because I know it's not worth their time (money) and energy as well as the further risk of degrading their reputation. Wow, they need to toughen up quick or find another career. They're lucky they got 3K, most consultants get zip for putting in heaps more effort. Re: Builder issues, threatened with legal action. Need advic 3Jun 02, 2015 11:22 pm Quote: ***This is my first time building and I started to think it's not worth the hassle and effort to build. The saving that I thought I will be saving wasn't that great to be honest. It is worth it. We started late 2011 had heaps of setbacks, one being our builder went broke and we lost $2k. We're so much happier now, we've had more time to process what we want/need, learnt from experiences dealing/courting at least 15 builders (yes, they just have to suck that up ... it's a competitive market ... and to stand out in a competitive market, it pays to be PROFESSIONAL) Now we're really happy we're getting a much better house. Hang in there Re: Having Building issues and seeking advice 4Jun 02, 2015 11:34 pm TomCat Oh dear. I wouldn't want to deal with that mob either and I too would be prepared to lose the 3K. Yes I guess that will be my next step probably. I pretty much just went straight with them because they are one of the top builders in WA and stretching my budget thinking I will get the best quality in services and building. But I was wrong all the way. Lesson learnt cost = $3k. Re: Builder issues, threatened with legal action. Need advic 5Jun 02, 2015 11:38 pm TomCat Quote: Now we're really happy we're getting a much better house. Hang in there I hope so too. After spending pretty much every weekend talking to builders and now finding myself going to restart the whole process again and went through all this hassle. It just hard to take and tiring. Hope the builder that we want to proceed next can give us a much better building experience. Re: Builder issues, threatened with legal action. Need advic 6Jun 03, 2015 7:13 am The reason the deposit is non-refundable is because it's there to cover their costs of preparing quotes etc. Politely but firmly tell them that you're no longer interested in their service and walk away. You're under no obligation to tell them who you are going to or why, or to give them any details of the plan you chose instead. Just keep saying "Sorry, I'm not interested, please stop contacting me" like a broken record until they give up. Like the others said, it's very unlikely they will actually sue you for anything. It's just an empty threat. But if you are really concerned, seek legal advice. Jen (& Dave) Plantation Bronte, Ormeau Ridge, Gold Coast QLD 12/03/2015 - Commencement... 26/08/2015 - Handover! viewtopic.php?f=31&t=76446 Re: Builder issues, threatened with legal action. Need advic 7Jun 03, 2015 7:43 am Yes - you've paid the upfront costs - and they have done some work. You probably won't see it again. I doubt they would sue - bad PR for one thing - poor case for another - but in view of their actions I'd be getting away from them. We've only had one side of the story - but if they start the scare tactics and threats then walk away. So long as you haven't signed anything else or indicated you are going ahead - which you appear not to have done. You have acted in good faith and paid the deposit. You are now deciding to do something else. That's your right. I doubt they'd go to court over that amount - maybe small claims - but even then its really a waste of their money for them to chase you. You'd probably win anyway - or not lose ... Re: Builder issues, threatened with legal action. Need advic 8Jun 03, 2015 8:58 am I always recommend you think it out and listen to your gut feeling. Your alarm bells have already gone off. If it does not feel right at the beginning it will never be. I deal with lots of serious building problems and the common denominator in most is that there have been alarm bells that have gone off but clients did not listen. None are as blind as the ones that don't want to see. Just recently I came across building mess. Owners had 1.4m home build quote from award winning builder, then 1.2M from a good custom builder, but they chose a builder that quoted .95M How did they think they won't have a problem? I didn't like owner's attitude so I bowed out. Foremost Building Expert in Australia,assisting with building problems/disputes, building stage inspections,pre-contract review advice for peace of mind 200 blogs http://www.buildingexpert.net.au/blog Builder issues, threatened with legal action. Need advice! 9Jun 03, 2015 9:15 am I'd listen to your gut feeling too. If the relationship has soured already your build will be painful. I'd double check the fine print of the precontract. I've seen a couple of different ones where all you forgo is the deposit, provided you notify them in writing etc, and I've seen others geared more like the actual build contract where you are also liable for the reasonable expenses they have incurred to date. As for copyright, I'd be careful on that even if many builders have "similar" builds its a touchy subject. Re: Builder issues, threatened with legal action. Need advic 10Jun 03, 2015 9:39 am Thanks for all the advice. I am giving another chance to them and waiting for the customer rep to come back to me. But because the way they deal with customer is so unprofessional and being threatened with all the suing. I am tired with them. She even talked about the builder's bad reputation and etc. But the other builder won this year building's award not them! Most probably will let them keep my deposit and walk away. Re: Builder issues, threatened with legal action. Need advic 11Jun 03, 2015 10:07 am I hate people putting down the opposition - rather than building themselves up. We had this on recent build - in the end I walked away. I didn't want to know the problems with another company. I wanted to know what this company offered - ie the benefits. Re: Builder issues, threatened with legal action. Need advic 12Jun 03, 2015 11:20 am Yes I've agree. They might as well use the energy to make fix our problem. If they really want to bring down their competitors, make sure they get the fact right! Re: Builder issues, threatened with legal action. Need advic 13Jun 03, 2015 10:04 pm I wouldn't even be talking to them anymore, you have told them you aren't going with them end of story. Put all your time and thoughts into your new builder. The costs thing and suing sounds like sour grapes, if you really need to talk to them deal with everything in writing, if they call you then give them your email address and tell them they can only correspond with you in writing. I've walked away and lost my deposit and apart from the rep having a whinge it was my hard earned money and l decide where I spend it, they aren't entitled to it. Re: Builder issues, threatened with legal action. Need advic 14Jun 03, 2015 10:36 pm You are totally right. After the conversation with her, I asked her to put all that down in writing so that I can discuss the matter with my partner. And guess what?! The way she wrote the email is nothing like came out from her mouth during the phone call. It was more professional and no where mentioned about legal issue. She did counter offer us but again it is still not good enough for us to proceed further with them. Re: Builder issues, threatened with legal action. Need advic 15Jun 03, 2015 10:49 pm Good on you BW. The right move. You've learnt a lot and it will help you with the next stage Re: Builder issues, threatened with legal action. Need advic 16Jun 04, 2015 12:09 am We also walked away from a builder losing 3 k . We did however get the soil report and site engineering / survey paperwork out of them , weather or not the new builder will accept it though remains to be seen , still we paid for it therefore it's ours legally . Re: Builder issues, threatened with legal action. Need advic 17Jun 04, 2015 12:46 am Don't tell me we are dealing with the same builder haha. I am in the process of doing that too. I will need to contact the surveyor and tell them to reprint the report with only my name on it. So that the next builder can re use the information. The next builder reckon it can save us probably $1k by doing so. Thank you so much for the effort. We will use it to talk with builder. 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