Do I have a leg to stand on?
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We got in touch with the builder and told them, and said that we'd like a refund. They are however refusing and are insisting on sending someone out to rectify the issue.
We've had multiple delays getting our keys and don't want yet another one, and we also feel like the advice we were given regarding the upgrades was incorrect in the first place as the basic fittings we have are perfectly fine.
Do we have a legal leg to stand on to refuse the rectification, and insist on a refund of the difference in cost of the products installed from what we paid for the upgrades?
You can submit a request for a refund of the difference in costs, but they are not obliged to agree
If theyre sending someone out to fix the problem and give you what was in the contract, I don't see what the problem is?
My issue is that their initial stipulation that we needed to upgrade and pay extra was misleading. We're happy with the normal fittings we got, but they told us we didn't have a choice and had to pay extra for the upgrade as the basic ones wouldn't work in our house layout. It was a total lie and I would have never spent the money on the upgrade if I'd have known. I'd have never realised that I'd been ripped off if they hadn't mistakenly put in the basic fittings instead of the upgrade
They are obliged to supply as per the contract.
You can submit a request for a refund of the difference in costs, but they are not obliged to agree
You can submit a request for a refund of the difference in costs, but they are not obliged to agree
So what happens if I flat out refuse to let them do the work? I have the keys. They can't legally enter and do work without my permission anymore.
Just wondering, did you not check these things during the construction? During PCI?
Funnily enough we didn't notice. And neither did our independent inspector.
They are obliged to supply as per the contract.
You can submit a request for a refund of the difference in costs, but they are not obliged to agree
You can submit a request for a refund of the difference in costs, but they are not obliged to agree
So what happens if I flat out refuse to let them do the work? I have the keys. They can't legally enter and do work without my permission anymore.
i would just keep the money, if you didn't want the work done
you have changed your mind, after seeing the original lighting
now you are trying to undo your mistake
banditwandit how much is the refund you are claiming and what reasons were provided at selection as to why the basic fittings would not work. If the builder has intentionally misled you it’s reasonable to to expect the difference to be refunded’ despite your lack of diligence in checking.if deliberately misleading customers to extract more money is this builders normal practice others including the appropriate authorities should be made aware of this
They are obliged to supply as per the contract.
You can submit a request for a refund of the difference in costs, but they are not obliged to agree
You can submit a request for a refund of the difference in costs, but they are not obliged to agree
So what happens if I flat out refuse to let them do the work? I have the keys. They can't legally enter and do work without my permission anymore.
Under your contract, you have an obligation to allow them access to complete the work as per the contract.
If you don't allow them in, you're bin breach of contract and forfeit any "compensation" and open yourself to liability.
That's what happens
banditwandit it's likely to others as well. Such practices should be called out. I suggest giving the builder the opportunity to do the right thing. If they don't then take the appropriate action via social media or the regulatory authority. The HIA contract should not support misrepresentations at the time of sale.
Agreed, however the builder also has a legal obligation not to deliberately mislead. If they have done this to Related
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