All Topics / Help Needed! / Can I get my deposit back?
We signed a deposit with a builder in WA. Its just the $1500 deposit, no contract as of yet. The deposit was to 'lock in the price' and get the package deal etc.
This is what happened:
The sales rep is a complete imbecile. We met with him, agreed on a plan and then when we got the plan sent to us we found there was no entry to the back yard. He told me it will be fixed when we go to pre-start. I spoke to him and his manager saying that its not the first time I've build and plan changes are not changed at pre-start (especially major changes). But both insisted it will be sorted then. We get to pre-start (2 months later) and get told we cant do the changes here.
Then we go back to the sales rep who sketched in the changes we asked for 2 months ago. We get the plans again and they are wrong. We tell him but he says it will be sorted. Weeks go by nothing (yes, we did chase him weekly). Next thing I know is the measurements on the plan are wrong. Then they say they will not make me deal with the rep anymore. I try to get a paving quote but all the pavers say the plan is not usable. I keep telling them this but they say it is. We asked for them to quote on paving but they said they will only do the front as back of the house is too complicated due to a slight half meter slope on the block. I dont get it, are they builders or clowns?
Every time you try to talk to them they have no idea.
I think the main problem is that the block we have means we need to make variations to their 'off the plan' home (which they said if fine). This is causing all the problems. Its almost as if the homes that are not prefect to their 'shelf' plans are too hard. But at the beginning we were told its all good. Of course they will never admit its too hard but when I asked about leaving them they did not even try to stop us. Almost as if they want us to go but keep the $1500.
anyone?
I would need to read the contract to determine whether you are entitled to receive the deposit back, however you can always threaten to take your experience to another level, which might entice them to give it back willingly.
You'd be surprised how quickly they are willing to assist when you mentioned taking them to small claims or going on Today Tonight.
NB: This can be a bit messy, so I would try all amicable ways to get the deposit back first.
Hi Moose,
There are quite a few problems with some builders at the moment. They had a huge rush with the end of the First Home Owners Boost and it appears a fair few of them have signed up too many new customers and cannot deal with the demand.
I would request the deposit back. Speak to the manager of the sales person and request the refund.
You can make a complaint about the building company. Go to http://www.commerce.wa.gov.au and click on consumer protection.
Do a search for the complaint form – you can make a complaint about the company.You will notice that the builders commission is on this website too. They handle the builders registration and licensing. You may be able to get some assistance from them too.
Good luck
Haven't done this myself as I would go through VCAT in Victoria but this might be the steps to follow
Step 1
Letter of demand
Stating in the letter that you have been misled and deceived and that the building plans do not represent what the salesman promised under the sales rep's verbal contract with you , which breaks the law under section 10 of the Fair Trading Act 1987 due to misleading or deceptive conduct and section 12 relating to a misleading statement which was intended or apparently intended to promote the sale or supply of any goods, or the disposal of any interest in land. I am formally requesting my deposit of $1500 to be immediately refunded due to breach of contract.
http://www.austlii.edu.au/au/legis/wa/consol_act/fta1987117/Step 2.
I reckon this might be a helpful place to look into if you get no result.
lodge a complaint with the Building Disputes Tribunal.
http://www.builders.wa.gov.au/default.aspx?MenuID=72possible step 3.
small claims tribunal
http://www.artslaw.com.au/LegalInformation/DebtRecovery/DebtRecoveryWA.asp
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