First Home Buyer - Wyndham Vale VIC !

Hey Svvetec,

I feel you, I really really do

Originally Stage 15, changed to 15a January 2010

Initial release: NOVEMBER 2009
1st revision: FEBRUARY 2010
2nd revision: MARCH 2010
3rd revision: JUNE 7TH 2010
4th revision: JULY 30TH 2010
5TH ??

I have been to council and I am still 3-4 weeks away from titles. I will NOT be paying late fees if it comes into Novemeber 2010 when I am supposed to start building.

Honestly, I don't dispute the contingency at all from Simonds. We had our contract signed back at the start of the year and advised Simonds "Hey, you can start in April..." since because that's what Sunland told us.

Fast forward to now, we'll be paying Simonds $4000 in contigency fees to take us through to the end of October. Then after that, if land is not released, another $1000 per month after that.

So from here, I'm not yet 100% sure where to start, Tamara?...who will most likely bat for Sunland and feed me rubbish. Or directly to Sunland...where first I want to discover if they are penalising the contractors for the delays. Since I think that could set a precedence. They chase the contractor, we chase the developer. Alternatively, I'm looking for somewhere to provide me with free legal advice.

Maddocks is the lawyer for Sunland correct?

See this is where is gets weird for me because all my correspondence (Last year, nothing this year) was from Minter Ellison Lawyers in Collins Street... Why do I have a different lawyer handling my stage?

thats interesting because even the land contract that we have has got maddock as the lawyers??

and some good news, we have the building permit now, that was quick.

now i will soon be joining all yu guys in cursing the rains, though i think I should not.

What stage are you in Saffy? For me...it bugs me that they advertise and sell me the land on the "Expectation" of an April 2010 release...now that they have my deposit...it seems that they don't give a sh!t about what they told me during the sales phase.

If push comes to shove and lawyers will get involved, I'd assume I really have two options:
1. Seek a straight forward reimbursement from Sunland, or what is more likely to be recommended is,
2. Sue Sunland for damages I suppose.

If sueing is the path, I'm thinking I could go down the path of false/misleading advertising based purely on the wording of their sales pitch - simply put "Expected release" is how they marketed and sold the land to us. For the past year, Sunland have not been "Expecting" any release date...more so it seems they've been "Estimating" release dates.

I've got a more slightly detailed post in one of the previous 46 pages of this thread, which kind of details the tree that I am barking up should I need a reasonably valid case to use IF I was to sue Sunland.

If you can't already tell, enough is enough with these idiots and I'm sick to death of these d!cks putting our lives on hold because of their ** practices.

Ha! I Have a contract from stage 15 and it has Minter Ellison... charlene are you in 15 do you have the same?

Hmm, I just found something in my contract .. not that I want to act on it but I could use it to claim damages...

7.3
If the plan is not registered by the Registration Date (18 months from purchase) then either party will have the right to rescind this contract by notice in writing to the other.


In other words I can get out of the contract with no costs... 18 months from sale will be end of September for me. They have under two months to come through or I am claiming damages...