Browse Forums Building A New House Re: Developer _ Delaying to cancel contract using sunset cl 2Jun 25, 2017 3:23 pm Yes we are currently 1 and half years of over registration due date and sunset clause will come in place in Jan 2018.. estate looks complete but apparently there are still issues. No communication with us and no idea when registration will occur? Feeling a bit worried it will never happen. We are building in northern nsw. Re: Developer _ Delaying to cancel contract using sunset cl 3Jun 25, 2017 5:11 pm I have heard of this happening to people before, nothing they could do as technically that's what the contract says. I did worry this would happen to me, was suppose to settle April 2015, then June, then December... finally settled Feb 2016, end date was July 2016. There's not much you can do, so try not to stress. Hopefully it all works out. Maybe try to contact the developer (I use to ring the land sales office) and see what current title expectation is. Re: Developer _ Delaying to cancel contract using sunset cl 4Jun 25, 2017 5:30 pm When does sunset clause kick on? We are currently projecting 8 months delay with a month extension each month. Broker isn't happy and thinks developer is not being honest. We are building in west melb. Re: Developer _ Delaying to cancel contract using sunset cl 6Jun 25, 2017 7:10 pm I would not sign a contract unless I had a person of contract knowledge, most don't get a pre contract inspection with their home inspections, big mistake, it's vitally important to know what is heavily in builders favour and should be changed, would ask this forums building expert, BE, protect yourself from start, you won't regret it. Re: Developer _ Delaying to cancel contract using sunset cl 7Jun 26, 2017 8:35 pm The situation in NSW was similar to Victoria until November 2015. The developers used to resort to Sunset clause to cancel the contracts and sell the land at a higher price in the market. However, in 2015 NSW government introduced some changes in Conveyancing Act by which this sort of gimmicks by greedy developers was curtailed. Now, in NSW, if the developer wants to cancel the contract using sunset clause they need to seek approval from the buyer. If the buyer does not agree for this, the developer needs approach court to get permission which would be decided on the merits of case. It is time the similar law is introduced in Victoria to prevent the developers doing greedy things like deliberately delaying the project with a view to resell at a higher price. Unless there is something in special conditions the builder does not have to give you timeline. If your demolition contractor has not removed Asbestos and it was found… 12 28799 Hi All, We signed a prelim agreement last year (May 2022) and paid deposit to a builder. However, we didn't go ahead with them and never signed a contract. We ended going… 0 2308 Thanks for the response! However, it's have been sorted. But for others benefit here is what we had to do. Unfortunately, it's not straightforward. BCC washed their hands… 3 7201 |