Dodgy Developer-advice please

[BillyGoat]

I bought a property from a developer.

The developer appears to have done some cost cutting towards the end of the project. Many things are not in accordance with the plans endorsed by council.

A couple of examples:

A large tree overhanging the living room was supposed to be removed. It was not removed and has since died and looks like it could fall on property.

Council requested the developer resubmit landscape plans with additional screening plants and a large tree in the front yard. A small amount of landscapping was done but these special conditions were not met.

Council requested additional storage which was never built.

The council has now noticed the lack of landscaping and dead tree overhanging the property and request that we fix all the issues listed above at our expense. Will cost at least 10k.

Im assuming that it is always a case of buyer beware? Does anyone know if there is there any recourse back to developer.

 

[Aaron_C]

You should raise these issues with a solicitor (one who is preferably doing your conveyancing). They should then document all the faults with your new property prior to settlement. If you have sufficient grounds, you may be able to withhold funds from settlement until the developer 'makes good' on the faults. If it is a serious breach of the planning permit (as you have indicated in some way), then the council won't issue the certificate of occupancy for the property so you won't have to settle until that is rectified anyway...

 

[mattnz]

How long ago did you settle? Are you still within the period for the developer to rectify issues?

 

[tcocaro]

First let me disclose I am a developer now that I have done that let me get to your post.

Without trying to be rude (I am not) you dont have a case imho.

You settled, there is no bigger statement that you were satisfied with the works than settling. Its hard to settle and then argue the gravity of the problems when they are as obvious as a large tree not being removed or lack of landscaping.

If you did raise these then your solicitor should have retained funds or requested an undertaking that your issues be resolved.

Also just because a tree is shown on the plans as being removed unless its specifically noted in your contract a developer can decide to keep it. I do this routinely i.e. request trees be removed and do what (i thought was the right thing) retain as much as I can. Unless the tree is square in someones backyard - then I ask.

Basically for you to settle, the certifier would have had to sign off and further more council too via strata\surveyor and typically landscaping is part of this.

Council requesting additional storage doesn't seem right, how do you know this? this sounds like a comment made by council during the application process. I cannot imagine a situation where the plans show storage areas and then they were not built.

Your price of 10k sounds very out there, removing dead tree $500, stump grinding $200 landscaping cannot possibly be more than $1k total $1700.

I suggest calling the developer and asking directly to have the tree removed and explain the situation. All other avenues will more than likely meet a dead end OR cost more than the works are you are trying to resolve.

Sorry wish I had better news. If its any comfort I do empathise with you, landscaping is always the last item on the agenda for a developer and the incentive is to "just do whatever" in order to get your strata and your settlements. However try and empathise with the developer as well, so he tried to save a tree? were dammed if we do or dont, trust me during construction the cost of removing a tree is $0 while the excavator is on site so theres no reason why not too.

Look on the bright side, if the landscaping and a dead tree are your gripes then it sounds like 99.9% of what you bought met your satisfaction.

I bought a property from a developer.

The developer appears to have done some cost cutting towards the end of the project. Many things are not in accordance with the plans endorsed by council.

A couple of examples:

A large tree overhanging the living room was supposed to be removed. It was not removed and has since died and looks like it could fall on property.

Council requested the developer resubmit landscape plans with additional screening plants and a large tree in the front yard. A small amount of landscapping was done but these special conditions were not met.

Council requested additional storage which was never built.

The council has now noticed the lack of landscaping and dead tree overhanging the property and request that we fix all the issues listed above at our expense. Will cost at least 10k.

Im assuming that it is always a case of buyer beware? Does anyone know if there is there any recourse back to developer.

 

[zed_kid]

Developers will promise you the world and will deliver an atlas if you're lucky. I had the same sort of issue where major cost cutting and rushing went on during the later stages of the development, so the fixtures, wall paint, tiling and flooring were a bit meh, but it was an IP for me and I had tenants linning up so I just wore it on the chin, no biggie

 

[dadevelopments]

May not be too late

I have done some development work in brisbane. Here, once an estate has passed council inspection the develper must pay an 'on maintanence' bond prior to the survey plans being released. Council keeps this bond for one year. At the end of this period council inspect again and the developer must fix any and all problems before the bond is released.

This usually means the developer has to pay for all the trees knocked down, kurbs broken, road damaged by the builder and heavy earth moving equipment guys building houses (who have no motivation ot reduce damage caused to council infrastructure).

So if the estate in 'on maintanence' in Brisbane - yes you can get it fixed.

 

[Jtkumnick]

agree with tcocaro. If you settled, you settled.

Call the developer. Most will respond better with an honest call. If you want to go down the legal avenue against one, multiply that $10k by a few before you get an answer from the court.....

 

[BillyGoat]

As tcoraro said I am 99% happy with the property - the developer has done a great job. At the same time if the 9 metre tree falls on the house I could also be 100% unhappy. And as it overhangs a laneway and a block of apartments next door - well I dont even want to think about how unhappy they would be if the tree fell and someone was in its path

Unfortunately I settled on this one just over a year ago so I think its a case of suck it up and move on.

To cut a long story short I got the arborist in to cut the tree down. I went to bunnings and did all the landscaping work and installed the storage where it was meant to have been installed. There are lots of other things that were not finished but they are not things anyone else would notice.

I've always been one to avoid the legal path as far and wherever possible. I'd much rather spend that valuable time trying to find another property to buy.

So thank you all so kindly for your great responses - it is very refreshing to bounce ideas and get other people's take on a situation.

 

[matto_]

Sounds like a great outlook and approach BillyG.

Quite often the battles are not worth it in the end and better saving time and energy for something more important (your next project).