Occupancy certificate(nsw)-deceptive conduct by developer

[Hog trotter]

Needed advice re following situation:
Deposit placed on property 2009.
Purchased property off the plan on June 2010
Sunset clause on property was on June 2010.
Developer obtained interim Occupancy Certificate 1 week prior to sunset clause.
Investigations by myself and other owners show Occupanct Certificate items
were not and are still not completed to date. These items have been stated by
developer to be completed at time of certification but are still not completed.
The items are mandatory for the issue of the certificate as they are fire compliance items.
It appears to myself the certificate was falsified or information relating to the certificate was manipulated to complete settlement.
The property has been a disaster due to a poor build etc but that is another story!
What can I do? ( I do have all the proof in writing.)
Any direction would be greatly appreciated.

 

[Perp]

I assume it hasn't settled? I would think you can terminate based on not having a valid occupancy certificate by the sunset date and request refund of your deposit.

What does your lawyer say? (< leading question)

 

[Hog trotter]

Hi Perp, we have settled as the interim occupancy certificate was issued by a private certifier.

 

[Perp]

Hi Perp, we have settled as the interim occupancy certificate was issued by a private certifier.

How long have you been aware that there are issues with the occupancy certificate? Did you have an inspection done prior to settlement, and what did the inspector say about habitability? Is there anybody living there now? There's some badly needed context missing.

In any case, you need a lawyer, ASAP. Having settled makes it a lot more complicated. If the issue with the occupancy certificate is a technicality and the property can readily be issued with a new occupancy certificate, then you're unlikely to have any legal remedy (other than to insist on a legitimate occupancy certificate).

If, however, there are major issues that render the property unable to be issued with an occupancy certificate, you may have a cause of action against the certifier (possibly; my reservation is that I'm not sure that the certifier owes you a duty of care, having been employed by the developer - but that's the kind of question your lawyer can answer).

If you're trying to get out of the purchase for poor workmanship based on a technicality with the occupancy certificate, that's unlikely to fly.

If your building inspector missed major faults with the construction, you may have a cause of action against the inspector for negligence. If - as I'm beginning to suspect - you didn't have a building inspection done prior to settlement, I doubt you're going to have much luck.

 

[Terry_w]

You may be able to sue the private certifier for issuing a certificate when they shouldn't have. Their negligence has resulted in a loss... Its a long shot and are you willing to risk it?

 

[Hog trotter]

Thanks for your views.
The property is a unit and the issues with the certificate are common property.
ie fire safety issues which have never been done but certified as being completed. I have just discovered these issues.Time to contact a lawyer.
Can anyone recommend one in Sydney's northern suburbs.

 

[Perp]

Time to contact a lawyer.
Can anyone recommend one in Sydney's northern suburbs.

Terry W is a lawyer in Sydney. I don't know if he's in the northern suburbs but I'm confident he's a good lawyer, which is far more important.