Hi,
I've been to inspect my Melbourne OTP property, which is settling in 2 days time. It's a 7th floor apartment overlooking a 6th floor common area. At the time of purchase (abt 3 yrs ago), this area was designated to be a BBQ recreation area. That's what I was told verbally. However, at the time of inspection, I was a bit shocked to find it a blank piece of concrete painted white.
The company rep said that the BBQ area was not approved by council due to privacy reasons for the neighbouring property so they can't build it. She also said that they might paint it green later to make it more "palatable". I am looking for some certainty and have made some enquiries with the RE agent who rang the developer but has yet to have a reply for 2 weeks now. Reason: "We are focused on settlement now."
I have spoken to the Lawyer (his writer) and the RE agent, the best I get from them is the warning of penalties if I don't settle on time.
The burning question I have is, if there was no council approval why was this not informed to me prior (I have kept all communication records)?
The initial purchase agreement did not mention a BBQ area, but stated that it is to be a "Green roof". Subsequent plan ammendments omited the words "green roof" altogether.. no reason given.
I felt cheated.
What should I do now? Should I go to VCAT? or Consumer Affairs? Do I need another solicitor to help me? Is there an ombudsman I can go to?
So any advice from experienced forummers are much appreciated. Thanks in advance.
(I apologise if this question has been asked before, and I wished I had found sommersoft BEFORE I signed the dotted line)
I've been to inspect my Melbourne OTP property, which is settling in 2 days time. It's a 7th floor apartment overlooking a 6th floor common area. At the time of purchase (abt 3 yrs ago), this area was designated to be a BBQ recreation area. That's what I was told verbally. However, at the time of inspection, I was a bit shocked to find it a blank piece of concrete painted white.
The company rep said that the BBQ area was not approved by council due to privacy reasons for the neighbouring property so they can't build it. She also said that they might paint it green later to make it more "palatable". I am looking for some certainty and have made some enquiries with the RE agent who rang the developer but has yet to have a reply for 2 weeks now. Reason: "We are focused on settlement now."
I have spoken to the Lawyer (his writer) and the RE agent, the best I get from them is the warning of penalties if I don't settle on time.
The burning question I have is, if there was no council approval why was this not informed to me prior (I have kept all communication records)?
The initial purchase agreement did not mention a BBQ area, but stated that it is to be a "Green roof". Subsequent plan ammendments omited the words "green roof" altogether.. no reason given.
I felt cheated.
What should I do now? Should I go to VCAT? or Consumer Affairs? Do I need another solicitor to help me? Is there an ombudsman I can go to?
So any advice from experienced forummers are much appreciated. Thanks in advance.
(I apologise if this question has been asked before, and I wished I had found sommersoft BEFORE I signed the dotted line)