Vendor change the garage roller door to sliding gate without my consent

[lolipss]

hi,

i am in the process of settlement with this brand new property that I just purchased.

I have this problem where I just found out that the Vendor/Builder just changed the garage roller door to my carport to a sliding gate without my consent.

And the reason for them doing this is they need to do it to comply with the melbourne water regulation so they can register the title to the title office.

My problem is, they changed this without discussing it with me first the purchaser and they just put a new sliding gate make my property exposed so it lacks the privacy and security as well. if only they changed to sliding gate that doesn't exposed the property that much maybe it wouldn't be a problem... but this new sliding gate is just horrible....

Contacted my conveyencer about this matter, and she said she can't bloody do anythinga about it and it is within the law they need to do it in order to register the title.

Feel frustated where i am buying a new properties that is changed so much from before when i purchased it..

are there no law that protects the purchaser at all?

It seems like the contract only benefit Vendor all the time

 

[Perp]

are there no law that protects the purchaser at all?

It seems like the contract only benefit Vendor all the time

If you let the vendor write the contract and you just signed it, I'm sure it does only benefit the vendor. That's why you should ensure there are clauses in there protecting your position, too.

Did you obtain legal advice prior to signing?

 

[Dazz]

It seems like the contract only benefit Vendor all the time

Yeah, you sorta get that when the Vendor writes it. Have a chat with fuboy63, he's having the same drama right about now.


Lesson learnt - if you aren't writing the contract - expect these things....and worse.


BTW - contracts never "seem".

 

[lolipss]

If you let the vendor write the contract and you just signed it, I'm sure it does only benefit the vendor. That's why you should ensure there are clauses in there protecting your position, too.

Did you obtain legal advice prior to signing?

I didn't before and yes It will be something that I will do in the future

 

[Dazz]

It will be something that I will do in the future

That's all well and good to get advice beforehand. A lawyer can give you 27 little tricky clause to benefit yourself and pin the Vendor to the wall. Trouble is, when you suggest them, the Vendor will reject them - if they have any sense - and so you are back to square 1.


Chuck all of that DD and research straight in the bin and start again. You only took 3 months of looking every weekend to find the right one before getting to this stage. No big deal.


Plenty of fish in the sea right - no problem - start again, another 3 months.....whoops - run into the same problem again....no wurries - plenty of fish in the sea. Chuck all your work in the bin and start again.....and again....


If you expect the Buyer's legal position to be equal with the Vendor's position via the wording in the Contract, you'll enjoy that endless loop.

 

[RumpledElf]

Stepping back for a moment .... its an ugly gate. They have the title through now. Is there anything stopping you spending $500 or so on a better gate, or even sneaking a roller door on when noone is looking?

 

[lolipss]

Stepping back for a moment .... its an ugly gate. They have the title through now. Is there anything stopping you spending $500 or so on a better gate, or even sneaking a roller door on when noone is looking?

I was thinking of doing that if there's nothing else i can do..

putting up new sliding gate that doesn't exposed my property...
but the hasle of doing it just too much... need to get council approval and melbourne water approval again, not sure how long that will take though..

it just that the property is not the same property anymore when i signed the contract

 

[Rolf Latham]

I was thinking of doing that if there's nothing else i can do..

putting up new sliding gate that doesn't exposed my property...
but the hasle of doing it just too much... need to get council approval and melbourne water approval again, not sure how long that will take though..

it just that the property is not the same property anymore when i signed the contract

why water approval ?

ta
rolf

 

[lolipss]

why water approval ?

ta
rolf

because the fences/gates need to be approved by the melbourne water.

it seems like they need the water to be able to flown out of the property in order to avoid flooding??

melbourne water stated the property need to allow the passage of overland flows through the site..

 

[Sheryn]

Contacted my conveyencer about this matter, and she said she can't bloody do anythinga about it and it is within the law they need to do it in order to register the title.

Feel frustated where i am buying a new properties that is changed so much from before when i purchased it..

are there no law that protects the purchaser at all?

It seems like the contract only benefit Vendor all the time

Lolipss

If you had a solicitor instead of a conveyancer the answer may have been different.

Now if this is a new property - what type of garage roller door is on the actual plan?

The builder cannot change the approved plan IMHO without your consent. Ring up the Melbourne Water Board and get them to explain to you why they need a sliding gate on your property.

Personally, I could not count the number of times I have had to go and find out the real facts myself, not just accept what I have been told by someone.

Your unhappy about something - then find out the legal requirements and negotiate a satisfactory resolution and remember the Builder may have just taken the cheapest option for him.



Regards
Sheryn

 

[RickF]

That's all well and good to get advice beforehand. A lawyer can give you 27 little tricky clause to benefit yourself and pin the Vendor to the wall. Trouble is, when you suggest them, the Vendor will reject them - if they have any sense - and so you are back to square 1.


Chuck all of that DD and research straight in the bin and start again. You only took 3 months of looking every weekend to find the right one before getting to this stage. No big deal.


Plenty of fish in the sea right - no problem - start again, another 3 months.....whoops - run into the same problem again....no wurries - plenty of fish in the sea. Chuck all your work in the bin and start again.....and again....


If you expect the Buyer's legal position to be equal with the Vendor's position via the wording in the Contract, you'll enjoy that endless loop.

Something to be said for finding a highly motivated seller maybe, especially if your motivation for buying is not as urgent.
My DD on the last place I bought involved getting a short list of properties that fit the brief. I had a preference list on 4 properties and was prepared to walkaway. As it turned out the no 1 preference was achieved.
A wise man once said you make more money from the things you say no to than the things you say yes to.

 

[Perp]

That's all well and good to get advice beforehand. A lawyer can give you 27 little tricky clause to benefit yourself and pin the Vendor to the wall. Trouble is, when you suggest them, the Vendor will reject them - if they have any sense - and so you are back to square 1.

If you're "trying it on" and trying to be overly tricky, sure; but asking a lawyer whether the contract is at least not "grossly unfair" can surely only be better than just "assuming the position" and signing the contract the vendor's lawyer has written.

I'm talking about getting a lawyer to detect clauses - which a prudent buyer should have detected themselves, if they'd actually read the contract - inserted by a builder such as "we will build you a house but make no guarantees as to its quality, construction, size, workmanship or finishes" (and some builders seem to try this kind of thing on! ). If your lawyer requested amendment or elimination of this clause and your builder refused, you'd at least be on notice that this may not be somebody with whom you want to enter into a contract.

 

[Dazz]

asking a lawyer whether the contract is at least not "grossly unfair" can surely only be better than just "assuming the position" and signing the contract the vendor's lawyer has written.

Absolutely Perp....it's better than nothing, but IME doesn't actually achieve anything contractually. If you come up against a savvy Vendor, the end result is the same.

My trouble is, all the Vendors I've ever dealt with are wealthier than me and have a swag of 'advisers' just itching to do nasty things to me.

I could post some clauses up here that would make your blood run dry.....but I agreed to them....you just make sure you've got yourself a great big jar of Vaseline and apply liberally before settlement.

The only consolation is the Purchase Price. It's gotta be low. Happy to take multiple nasty hits in the Sales Contract if the property is quality, the dirt is big, the infrastructure is sound, the yield is thru the roof, the Tenants are good, the Lease is strongly in the Landlord's favour, the Bank's rate is reasonable, and the price is a screaming bargain.....OK, OK, in that case I'm happy to sign a contract which states that the Vendor isn't responsible for even breathing.....and everything gets dumped into my lap.

It's when the property is average, the land is small, the building is dodgy, the Tenants are rubbish, the yield is 3%, the Lease wording you could drive a bus thru it and the price is thru the roof......in that scenario you can be brave and walk around snubbing the Vendor's draft contract wording.

There's a big difference.....wouldn't you say ??

 

[Perp]

My trouble is, all the Vendors I've ever dealt with are wealthier than me and have a swag of 'advisers' just itching to do nasty things to me.

Thankfully, most of us deal with far less savvy and wealthy vendors than you do - though often still savvier and wealthier than ourselves.

I could post some clauses up here that would make your blood run dry.....but I agreed to them....you just make sure you've got yourself a great big jar of Vaseline and apply liberally before settlement.

There's a big difference between knowingly and willingly preparing to be shafted, as you do , and just bumbling into it without knowing it, as all of us have probably done early on in playing this game.

I think it was pretty obvious, when I was giving advice to a first purchaser, that I wasn't suggesting that you could use the same tactics for buying an office block or industrial estate.

 

[Dazz]

There's a big difference between knowingly and willingly preparing to be shafted, and just bumbling into it without knowing it, as all of us have probably done early on in playing this game.

Agreed. There is a steep learning curve for all to endure.

 

[lolipss]

Help!!

@sheryn: yes i did check with melbourne water and it is them that requested for the garage door to be changed. I am looking for another alternative to improve the gate now so i can have my privacy

I have different problem now:

i found inside the house the wall has been damaged as well, like the plasterboard have a hole like someone punching it and the timber flooring in dining area also have been damaged like someone drop a big heavy item on it (it's not a dent, it's more a big section of the timber flooring has peeled off..) and of course the property was not like this when they sell it because it is brand new and everything look so perfect when they try to sell it before.....

what can i do???

my conveyencer told me i can't delay the settlement and still need to settle, but we can ask the vendor to fix it... but why would the vendor fix it if the property has been settled and got his money already?? Am I missing something here??

Is my conveyencer suggesting the right thing or she just basically doesn't care??

do i need to get a different conveyencer? it feels like she doesn't help me at all...

so frustrated and confused at the moment..

Any advice would be appreciated...

 

[tom32]

You are buying a brand new property off the builder / developer? Why stress surely you can tell them to fix this as you have not yet taken occupation. It is his problem to keep the place secure up until you settle. Have you asked the builder to fix yet? I think this is nearly a sure fire solution to at least this problem, likely if you put it the right way perhaps your gate too?

I cannot imagine terms in a sale contract or even less likely a domestic building contract which would allow him to swap out fixtures after you have struck a deal to buy the property with those fixtures in place? Imagine if this was possible? The garage door would be the least of your problems... To be clear it would be potentially frustration if you continue to insist on the roller door but perhaps you can come up with a compromise as it appears you have. It is however unclear on whether it is the builder coming good or you off doing your own thing unilaterally? You wont be able to get him to pay if you do the latter.

Your conveyancer is relaxed about the damage because it is almost certain that the builder will fix this damage whether you have paid him or not.