Commercial law, litigation, contracts, IP, property law
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.
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?
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.