Building is incomplete prior to settlement

I would like to seek some advice for an issue that I'm currently having with a off-the-plan townhouse which I've purchased.

We did a final inspection yesterday and there were quite a number of things not completed as per the contract. Settlement day is tomorrow and I don't think I should pay the vendor as the building is complete.

However, my solicitor has advised me that according to the Special Conditions in the contract it states that:

If any dispute arises as to any matter referred to in this Special Condition and in particular , the quality or standard of finish of the Common Property, the Purchaser cannot delay or postpone settlement or request or demand the holding back or retention of any part of the Price as security for the satisfactory completion of the Works, or claim compensation, damages or an indemnity and must proceed to settlement as required by the contract.


Can someone please advise what options I have here to get either the builder or vendor to fix up this after settlement ? The vendor has also refused to carry out the works of some rendering and matrix cladding for the top floor which was specified in the contract. Is he breaching the contract here and what can I do to ensure these will be done within reasonable timeframes.

Many thanks everyone.
 
Is your solicitor "your" solicitor, or do they have some relationship with the vendor?

What advice have they given you about what recourse you have?

What was their advice before you signed the contract as to the consequences of accepting this special condition?
 
What kind of things are incomplete? That may make a difference as to whether or not you should settle.

At the very least, if it's not finished to the specs in the contract, you should be able to hold back some money but still settle. That way if they don't finish the work, you then have the money to get someone else to finish it.
 
I bought a property and did final insection on the Thursday and was in same boat. Midday friday my solicitor suggested a re-review just before it settled. There were 30 tradies working their barrts off till 5pm that day. Key issues left for final day include theft of landscaping, kitchen and fittings so it all went in at last moment.! Friday am there wassnt even a garden or grass. Midday there was. Even carpet went in one last day so tradies didnt trash it.
 
Is your solicitor "your" solicitor, or do they have some relationship with the vendor?

What advice have they given you about what recourse you have?

What was their advice before you signed the contract as to the consequences of accepting this special condition?

My solicitor/her assistant advised me to wait for post settlement and I can sue them for the items not completed. However she also mentioned the high costs of suing and and as a result most people don't do it?Of course this sounds to me like she just wants to get the settlement done and brush their hands off it.
 
What kind of things are incomplete? That may make a difference as to whether or not you should settle.

At the very least, if it's not finished to the specs in the contract, you should be able to hold back some money but still settle. That way if they don't finish the work, you then have the money to get someone else to finish it.

Hi luckyone,

Some of the things were :

- Landscaping wasn't completed including trees not planted and lawn not laid for both front and courtyard
- Painting was patchy
- Driveway wasn't cleaned
- Frontage wasn't rendered
- flyscreens not installed on all windows
- Carpet not laid for the spare room
- Pole at the front of the house wasn't painted

Unfortunately , settlement was today and I couldn't hold back any amount. I am looking at raising this with the VBA (purchase was in Victoria) and maybe VCAT as well.

Have you had any dealings with these bodies and are they helpful ?

Thanks
 
I bought a property and did final insection on the Thursday and was in same boat. Midday friday my solicitor suggested a re-review just before it settled. There were 30 tradies working their barrts off till 5pm that day. Key issues left for final day include theft of landscaping, kitchen and fittings so it all went in at last moment.! Friday am there wassnt even a garden or grass. Midday there was. Even carpet went in one last day so tradies didnt trash it.

So everything was completed at the end Paul ?
 
Did this solicitor, or any solicitor, give you advice prior to contract signature?

Hi Perp,

Not at all. I asked her specifically in writing if there was anything I should know about the contract and she didn't provide any advice at all or any warnings prior to signing the contract.

Is this a lack of duty of care ?
 
Not at all. I asked her specifically in writing if there was anything I should know about the contract and she didn't provide any advice at all or any warnings prior to signing the contract.

Is this a lack of duty of care ?
If you paid her for pre-purchase contract review, I would be wondering if she's avoiding you because she's realised she stuffed up. I am not a lawyer, but I can't imagine any lawyer recommending that you sign a contract with a condition such as you've outlined. Every lawyer I've ever asked for pre-purchase advice has insisted on changing clauses that are far less devastating than that one.
 
Every off the plan contract has a condition like that in it (or they should have). The developer is obliged to fix it within a specified time but you can't delay settlement. It is a matter of degree.
 
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