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weezaway View Drop Down

Joined: 01/October/2012
Location: Australia
Posts: 1
  Quote weezaway Quote  Post ReplyReply Direct Link To This Post Topic: A Company
    Posted: 01/October/2012 at 16:44
We had to take NAME REMOVED to Consumer Affairs (BACV) because we were unhappy with the way they responded to us when we complained about cracks appearing in our house back in March. By 04June we had a Consumer Affairs Agreement as a result of mediation with NAME REMOVED, Consumer Affairs, myself and a Civil Engineer from the Building Commission. The agreement noted the Building Commission Engineer holding NAME REMOVED responsible for the slab heave and cracking damage to our house. They agreed to repair the house within 30 - 60 days.

They are in breach of this agreement. Some parts of the house have already been repaired twice (BADLY) and a report received yesterday from the same Civil Engineer states that they have still not complied with repairs required to mitigate further damage to the slab, and that the work they have done is not compliant with Australian Standards or the Building Code.

I have been fighting NAME REMOVED for 6 months to get them to properly repair our home without success. My husband has been diagnosed with a disability and lost his job because of his disability. We are now both pensioners and have to sell the house because we can no longer afford the mortgage. Our legal advice has been that if we do not disclose the condition of the building and surrounding ground as part of the sale contract / section 32, we risk legal action by a purchaser down the track. Disclosure puts us in the position of either taking a massive hit on the sale price if we can sell the house at all. Ethically both conveyancers and real estate agents have told us that it should be declared and we feel that this is the moral thing to do.

I would never build with NAME REMOVED and hope this warns anyone else thinking of building with them to reconsider and to build with someone else.

EDITED By a Mod to remove identifying details.

Edited by MartinO - 01/October/2012 at 23:13

AsiaOilDude View Drop Down
Legal Guru
Legal Guru

Joined: 17/February/2011
Location: Singapore
Posts: 2495
  Quote AsiaOilDude Quote  Post ReplyReply Direct Link To This Post Posted: 01/October/2012 at 18:32
Why don't you save yourself a year of court and post them a cheque right now for defamation and slander? I suggest $100,000. IDIOT.
Not legal advice. Personal opinion only. Seek legal advice from qualified personnel only.

BD Eye View Drop Down
Senior Member
Senior Member

Joined: 15/March/2012
Location: Australia
Posts: 833
  Quote BD Eye Quote  Post ReplyReply Direct Link To This Post Posted: 01/October/2012 at 18:52
My exact thoughts AOD - isn't going to help the retirement fund much
BD Eye

NotGuilty View Drop Down
Legal Guru
Legal Guru

Joined: 19/February/2008
Location: ACT
Posts: 1139
  Quote NotGuilty Quote  Post ReplyReply Direct Link To This Post Posted: 01/October/2012 at 19:39
I doubt BH would succeed in a defamation action, however, to make everyone feel warm and fuzzy inside I suggest the final para should read "I would never build with BH again."

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