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It has been very frustrating. As a first time buyer it wasnt something that I would of wanted to face but i feel that i have learnt so much from this and as a future investor it was very helpful.
I saw a friend who is a lawyer, he couldnt give me too much advice with out me having to pay and he said they were quite expensive. and he made a few good points saying if you keep pursuing legal action the fees and time will outweigh the benefit I will receive.
I did see an external draftsman/engineer who gave me the advice that the drop in land would be difficult to get a drive way on. as in he wants 8 metres of length for every 1 metre decline. I havent considered piers, i think now that they have agreed to fill i can get a “normal” looking house.
This has finally been sorted.
Basically the engineers who Cut the block, cut it so that when we build a house we dont need the builders to do it. they actually cut it too much so having a drive way would be difficult and future problems such as retaining walls and irrigation. Our property developer has agreed with me that they have made a mistake, that they shouldnt have done what they did and agreed to fill the land to the specified heights on the plan. they will fill it to 640mm from the height of footpath, once a slab is built there will only be a small drop.
a new contract is getting written up now outlining what they are doing, compaction reports, testing etc.
CLick benching plan on the end of my above post to see block
Hey Guys,
Unfortunately this is still going,
where we are up to now is that i believe the height of drop should be 640mm based on the height on the footpath 103.84 and the height after the drop, 103.20
however I am now being told that those are Estimates based on a standard slabemail states
“Advice from the engineering consultant is that ‘the pad levels noted were based on an expected Floor level of a slab that would match in the with FS levels of the lot less a standard waffle slab. This additional information was added so that the bulk excavation for the slabs could be done by the civil contractor rather than the builders to save costs. Once the slab is complete we would expect that the levels would be representative of the lot form.’Are they allowed to just put measurements in based on expected slab levels? When i look at this i see a difference of 640mm not 640mm after an expected waffle slab. then i called and asked who will fill around the slab? he said on well once you get garden beds etc i said stop assuming what I am going to build. He is clueless and if he needed help from engineering consultants then its a bit unfair on myself to see a contract and need to go find my own engineering consultants based on a benching report.
I have attached the cut out of my block and would love any advice on what you see.
Please note that this isnt about whether I am going to build on it, sell it or what ever. Once i get the land to what I want, then I will decided.
Benching planThanks Benny,
I have sent my contract to a lawyer who specialises in this, and hopefully a positive outcome can occur.Thanks everyone for the advice.
This issue only arised on Saturday when I had a meeting with my neighbours and builder to find out the additional costs. Thats why I have posted on hear to find information on how i should go about this….
I am only new to this, this is my first property, I was trying to see what I had going in my favour, when i said i emailed VCAT that was just for advice as someone told me i should ask.
I have asked my Conveyancer the same questions. Im trying to work out everything…
in regards to?
I havent seen a solicitor yet, I have emailed a request to VCAT
my conveyancer was shocked when she saw the photos though and didnt think that it was right.So because they didnt disclose the defects in the land, I now will be out of pocket for interest fees, stamp duty and any chance of owning land in that area for that price?
I could have chosen the same size block opposite and not had these problems?
I’m not entirely sure but i think the entire estate is built on a slope. all the houses on the streets behind my land, all their drive ways are going upwards a little or are even. Our block of land is even with the house we back on to now and their drive way is even with their house. there are only 5 blocks which have this problem and unfortunately i am on one.
I dont know why it was excavated, i didn’t know it was excavated because were weren’t told, werent allowed to see the block before purchase, and now if i do build i will have more costs, if i do sell i have lost my chance to live in this area because there isnt anything going for this price.
I could have easily chosen the block opposite to purchase, or waited for the next release if I had known. and thats how my neighbours feel too. they are currently arguing the point with them to try get compensation for the additional costs. I am trying to gather as much information as i can to put forward my case too.
the $30,000 day will cover initial costs, but at the end of the day when i do want to sell, i will probably fall short of properties in that area and who knows what other damage it could sustain in the mean time with rain etc.
They dont concern me too much as they arent too close to me.
I really like the area, but if i walk away, get my cash back or sell privately, there isnt anything around in that price range, i feel like I have been ripped off, i could have spent the same price for the block opposite me but it seems like a lucky dip and i was unfortunate enough to get the block i did. If i do sell I am going to be behind the eight ball and will need to figure out where to go, and additional costs. Selling really wasnt an option for me..
The problem with getting the land bought back is that there are no other blocks available for purchase, if we were to purchase something similar we will be looking at paying $30k+ for something similar.. if we knew there was a problem we would have bought the block on the opposite side of the road not this one…