Jan 24, 2017 4:52 pm
We have accepted a tender and signed a HIA building contract, didnt receive Home Warranty Insurance and apart from the first tender fee and 2nd deposit on accepting the tender, we haven't paid the balance of the deposit.
The problem is the builder is asking more and more on cost price, nothing can be fixed until go on site and a lot of bad sales practice (misleading and trap). We have decided not to proceed with them and want to terminate the contract.
They are now threatening we need to build with them or will be liable with the balance of the 5%.
Anyone can give us some advise?
So unlucky we have made that decision with start with them
Re: Need Advise on Building Contract2
Jan 24, 2017 5:03 pm
Hi very sorry to hear that but as far a i know a contract is a legal binding document, once you decide to cancel yes you will also loose the 5%paid. Very sorry about and wish you all the best
Re: Need Advise on Building Contract3
Jan 24, 2017 5:07 pm
Also if you havent paid the deposit and you still in your cooling off period, there is a possibility to walk away but you will also loose all the tender and pretender costs paid. Which builder if i amy ask and are u still within the cooling off period?
Re: Need Advise on Building Contract5
Jan 24, 2017 9:37 pm
Also seek legal advise as soon as you can before the days are many
This. There are a lot of potential variables involved, and worst case yes, you could be legally liable for the full deposit (even the part you haven't paid yet). Of course, the builder may or may not pursue even if that is the case - but throwing yourself on the mercy of a builder that you've just annoyed may not be the wisest course of action...
The standard HIA contract primarily protects the HIA members (i.e. the builders), not their clients.
You need to talk to a solicitor ASAP. They'll be able to give you the professional advice for your specific situation that you need.
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