Recent content by jboss

  1. J

    Stopping Settlement

    My contract is with the developer, and his contract is with the builder. Its the bulder that has to remediate it in the end, but stuffed if I am going to run around trying to finf a responsible party for this shoddy development. The developer signs off the quality and the finishes. Ultimately...
  2. J

    Stopping Settlement

    The big ticket item is the size. The quality of the works will not stop the settlement as they have 3 months to recify the defects. Problem is that once we settle they can bankrupt themselves and then everything will become so much harder. Developers have a habbit of bankrupting themselves...
  3. J

    Stopping Settlement

    This is a very different circumstance, although my property did come in at 10K lower than originally with the bank so I had to cover that difference. The developer coupld not help what happened to the market. In this case I was fully aware of the risk and the fact the market dropped and was...
  4. J

    Stopping Settlement

    He says it unnaceptable. We are booking in a surveyor to take proper measurements and write a report. Then we will contact the vendors solicitors with this and see what they say. Worst case scenario we go to VCAT.
  5. J

    Stopping Settlement

    Lets just say Caulfield. I got a letter saying that they also take into account 50% of the external wall when they calculate internal space. It still does not add up. It would make the 43m2 apartment 46.8m2. Still a way off to 51m2.
  6. J

    Stopping Settlement

    All good points. Its currently with my soclicitor so I am hoping for the best. I will check for the sunset clause, but I think that it might still be good. My hope is that the 17% deviation on the size of the property is enough to call it a breach of contract terms.
  7. J

    Stopping Settlement

    Hi All, Has anyone had any experience pulling out of a settlement due to the developer not meeting his contractual obligations? I would be interested to learn how it panned out. I am currently in dispute (have not settled yet) on 2 apartments. A couple of years ago I signed up to purchase...
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