Feeling cheated in Off the plan property purchase.

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)
 
As already indicated - bad luck. It wasn't in writing and even if it was on the original plans / artist impressions I am sure there will be a clause in your contract that mentions council approval.

More importantly look at the positive. You now don't have pesky owners / tenants having noisy BBQ's near your balcony.

Cheers
 
More importantly look at the positive. You now don't have pesky owners / tenants having noisy BBQ's near your balcony.
Exactly - it's a bonus not having a communal BBQ area in front of your property.
Put some tall pot plants on it if you want to break up the white with a bit of green.
 
Why does everyone assume they should complain to some Government department to sort out a private matter?

Count yourself lucky if that's your only complaint with the new apartment. OTP has risks and if that's the only one that eventuated - you are in a good spot so just accept it.
 
I acted in Qld years ago for an OTP purchaser- 2 in fact in adjoining units. When it came time to settle- the courtyard for both units-abutting a main road- were surrounded by 6 -8 feet high walls-fences. No amenity and not at all like the knee high hedge rows that the nice little models presented by the developer showed. Luckily our client had taken photos of the models so we threatened a misleading and deceptive conduct rap against the developer who then allowed us to terminate the contract on both units and get the deposit back.
Not impossible but difficult in OPs case I suspect.
 
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)

So your property was to look out/over the area on the floor below?
I don't think your property have any rights per se in terms of views.
However as a group of owners you are entitled to what was in your contract for the common area.
Buying OTP before Council has passed the project is risky for Buyers because Council will ask for many changes.
 
You need to read the contract, assuming someone who knew what they were doing wrote the contract you will have no rights of termination or compensation under contract law.

The Australian Competition and Consumer Act has protections that cannot be contracted out of.

it will be depend on the level of representations made and whether you are materially prejudiced by the change.
 
Why does everyone assume they should complain to some Government department to sort out a private matter

I thought exactly the same thing.Things go pear shaped or not according to plan and people want someone to blame,or point the finger at.Harden up and deal with it directly to the agent or developer.And next time spend some time on here before buying OTP,your eyes then will be wide open :eek:
 
Thank you all for your replies. This is my first OTP purchase, hence I'm groping in the dark a bit.

wategos, thanks for the suggestion.

And thanks for the comment handyandy, will go through the contract again with a fine toothcomb.

For the record, I am not asking for sympathy or expecting some "Government Department" to step in for me. So there is no need to be unkind.

I made a call and will take the appropriate consequences. But if I'm being treated unfairly, I don't like to take it lying down.

I'm just looking for information to guide me on the next step forward. So I am grateful to you all for taking the time to reply.
 
OMG guys give the OP a break - they were misled into buying a product that is different to what is delivered. Misleading and deceptive conduct is not something to be shrugged off as tough luck suck it up, surprised to see this under current running through a real estate investment forum
 
OMG guys give the OP a break - they were misled into buying a product that is different to what is delivered. Misleading and deceptive conduct is not something to be shrugged off as tough luck suck it up, surprised to see this under current running through a real estate investment forum
+1 to Ausprop's comments.

Mystery
 
Have a careful read of your contract. You likely agree to variations such as this and you also would have agreed that the contract contains teh whole of the agreement between the parties and that any other representations that were made will not be binding.

However, you may still have a chance on getting:
1. Out of the contract, or
2. receive some sort of compensation.

To do this you will need to play the false and misleading conduct card. I would suggest you get a lawyer involved and firstly get them to review the contractfor other possible ways out and secondly to write letters and start negotiating on your behalf. Keep in mind it will cost money to do this.
 
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