All Topics / Help Needed! / Need advice on property settlement issues

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  • Profile photo of asouasou
    Participant
    @asou
    Join Date: 2015
    Post Count: 23

    Hi,

    I have recently settled my off the plan property. I discovered there are 2 major issues with the unit after I settled.

    1. My car park size decreased from the original plan 17sqm to approx. 13sqm. I have tried to address this issue with the developer but no avail. The DP (Deposited Plans) is also incorrect as it contains the original size of 17sqm. I am concern this may affect the potential resale of my property.

    2. The UE (Unit Entitlement) for my apartment appears to be incorrect, as if a mistake was made at lodgement. It seems like they have swapped my UE with the unit next to me. I understand that the plan has been registered and rectifying this may be difficult. However, I need to pay a few hundreds more in each quarter for Strata now due to this mistake. I shouldn’t be responsible and paying for their mistake. This is not what I signed up for in the original contract.

    I have already spoken to my solicitor about this but he wouldn’t do anything. I was told by my Strata manager that there is nothing I can do to challenge the developer. The Strata manager said there were people who tried in the past and spent over $200k to sue them but still failed. I am just wondering if anyone in here who had similar experience in the past and can offer advice on what I should do.

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    after settlement it is a bit late to do much.
    Seek legal advice from a strata/property lawyer.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of Ethan TimorEthan Timor
    Participant
    @ethantimor
    Join Date: 2016
    Post Count: 282

    Wow, what a story 😱

    Doesn’t sound right to me that a wrong UE and smaller car park can be delivered without recourse. I would get another legal opinion and/or the tribunal in your state.

    Will be interested to hear how this turned out.

    Good luck! 💪👍👊

    Ethan Timor | Aligned Finance Pty Ltd
    http://www.alignedfinance.com.au/
    Email Me | Phone Me

    Active Investor & Broker; Based in Northern NSW, servicing Australia wide; Author of '34 Proven Ways to Maximise Your Borrowing Power' (download free from our website)

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