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illegal ensute

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suds View Drop Down
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Joined: 14/November/2018
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  Quote suds Quote  Post ReplyReply Direct Link To This Post Topic: illegal ensute
    Posted: 14/November/2018 at 22:37
Hi , I have purchased an off the plan apartment. I have paid my deposit and settlement is in a few weeks. I have now discovered the vendor has sold me an illegal ensuite that was never approved by council. I have gotten legal advice and they have said I have the right to rescind. Vendor advertised all marketing materials and my contract says apartment comes with an ensuite.I went to check in council and confirmed it was illegal. someone from council leaked the information to the developer that I had gone to check the council apartment plans, vendors lawyer sends a an amendment to contract to sign that there is no ensuite. Of course I am not going to sign. I would like to know if anyone knows of a case law that has made precedent and is very similar to my situation. I am hoping to find as many to strengthen my case.

citizen-joe View Drop Down
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  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 15/November/2018 at 03:07
Precedents don't come into it, if there are parts of the building that are unapproved you can rescind the contract and have your deposit refunded in full. Alternatively you can contact the seller and require them to do whatever is necessary to make the en suite conform to the building code, and then obtain council approval at their expense.

Another option is to accept the apartment without the en suit but at a lower cost. This will require you to negotiate a new contract at a new price.

The whole thing could get messy, if it was me I'd pull out and look for something else that complies to my requirements and at a price that I was prepared to pay.

suds View Drop Down
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  Quote suds Quote  Post ReplyReply Direct Link To This Post Posted: 15/November/2018 at 06:54
Thank you for your reply. My lawyer has sent a letter to say we rescind the contract and they rejected it. we are now going to mediation. My question is can they really reject it if the law says i am permitted to rescind?

citizen-joe View Drop Down
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  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 15/November/2018 at 16:47
I believe their lawyer is bluffing to try and get you to change your mind, hold fast and let your lawyer handle it.

Good luck.

suds View Drop Down
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  Quote suds Quote  Post ReplyReply Direct Link To This Post Posted: 21/November/2018 at 14:23
ok, so we have met with the developer and lawyers to discuss the issue so we do not have to go to court. The developer is acting very hard like he has nothing to worry about. After so much discussion we had to made it clear to rescind and get this over and done with. Can't believe developer says he needs to think about it and he will get back to u by 5pm tomorrow. I can't believe the ball is in his court. I do not understand why? I mean he did the wrong not us. What is this law?

Also throughout this he did admit he really wants to sell and he is willing to give me an apartment that is legal. I have lost all faith and trust in him and I want nothing to do with this company.
I have a gut feeling he is going to come back to say he does not accept the offer we wil lgo to litigation . I think it is a game to scare us into saying we will just buy the apartment. like to know what are your thoughts.

Note, I know he has connections in council. could they hide and fix this illegal ensuite?

citizen-joe View Drop Down
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  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 21/November/2018 at 21:25
It is possible that they could vary the building design so as to make the ensuit comply with the regulations. If they can do this, then you will end up with what you have contracted to buy.

I believe you should hang out for this but advise that you will not pay for anything less and will rescind the contract unless they supply what you have contracted to purchase.

Any alternatives offered by them are not acceptable to you. You should stick to your guns, I believe. Make this quite clear to your solicitor and have him convey this information to them in legal terms.

I don't think knowing anyone in council is of any value to the other solicitor or builder as the council is subject to oversight by a state government department as well as the ICAC in NSW. Should they try to pull anything shonky you have an avenue of complaint.

suds View Drop Down
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  Quote suds Quote  Post ReplyReply Direct Link To This Post Posted: 22/November/2018 at 06:17
So we did not hear from them at 5pm which means he did not except the offer.
It would be very hard for the developer to make the ensuite comply because the environmental apartment planning law is any apartment under 75sqm is not permitted to have 2 bathrooms.The apartment purchased is 72sqm.

suds View Drop Down
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Joined: 14/November/2018
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  Quote suds Quote  Post ReplyReply Direct Link To This Post Posted: 22/November/2018 at 06:20
I am really thinking to get my lawyer to let them know that our discussion seems to have got us no progress and to say we feel we need to forward our letters to all relevant government authorities if we do not hear from them by a certain date .what do you think?

citizen-joe View Drop Down
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  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 22/November/2018 at 07:27
If that how you feel go ahead.

Good luck.

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