Purchased off The Plan Property, Builder Changed Floor Number on Settlement

ash79 on 25/11/2018 - 09:05
Last edited 25/11/2018 - 09:19

Long story short:

I bought an off the plan unit in a high rise building quite a while ago on 9th floor, which is due to settle in 2 weeks time. I received the strata plan of the building last week and shocked to find that my property address is 8th floor. I reconfirmed my draft plan several times and it's evident that contract was signed for 9th floor unit. Number of floors in the building remains same in both strata plan and contract exchanged. Builder is now insisting for registration as is, as per them the lot number is matching and as long as lot number is correct and floor plan is same, floor number doesn't matter (I don't buy this argument).

Discussed with solicitor and he is doing his bit to sort this problem, however he said that there are no such clause in the contract specifically mentioned about it and most of the clauses in the contract is not in favour of buyers. I am very particular about the floor I chose while booking. I also have a loan approval and everything is lined up, however change of floor is not acceptable to me.

I am being stressed for past few days and running out of options to sort it out. I thought of firing up a question here if anyone had similar experience dealing with builder in such situation. What options do I have in this situation?

Home & Garden

Comments

      • yadupinto on 27/11/2018 - 17:54

        no, i bought on 2nd floor…it was assigned unit number 206 initially in contract…post settlement they changed the number(just number not the phyical unit) to 26…

  • yadupinto on 26/11/2018 - 14:27

    the lot number is tied to floor and that is something has to locked in by builder before spelling/signing contract…there will be copy of floor design with lot number in your contract…
    any change in contract condition need to be agreed by both parties… otherwise in my opinion u have right to void the contract.

  • DiscoJango on 26/11/2018 - 19:35
    -1

    also: "if its not in writing, it didnt happen"

    verbal promises count for nothing.

    • WhyAmICommenting on 27/11/2018 - 17:08

      If the law counts for nothing then you are correct

      • DiscoJango on 27/11/2018 - 19:54
        -1

        "hi, ill build you a triple story mansion for $5!"

        contract in writing says: single story unit for $10,000

        your saying the verbal agreement still stands? pfft

  • Skramit on 26/11/2018 - 20:20
    +3

    Builder probably double sold 9th floor apartment and you were the unlucky victim of a clerical error.

    Lawyer up and tell them their contract is now void

    Offer terms such as a percentage discount on price. Otherwise walk away.

  • bmerigan on 26/11/2018 - 22:18

    Sounds like they mucked up the numbers on the sales plan, since the lot number is the same.

    The apartment you are asking for is a different lot number isn't it? So it is probably already sold to someone else. They can't give it to you.

  • DiscoJango on 26/11/2018 - 22:32

    Builder wants their money and knows op is desperate to move into their new place. If op says nope I'm out, not moving in c ya later, builder will compromise

  • DemocracyManifest on 26/11/2018 - 22:58
    -1

    Weird, but does it really matter when they will be all identical?

    • Skramit on 27/11/2018 - 10:07
      +4

      What if I paid for a 20th floor with an epic view and builder said "bad luck u get 3rd floor but its the same floor plan", I would be furious and clearly it would be a obvious, massive breach of contract.

      The different in 9th vs 8th floor for OPs situation is clearly less exaggerated but it's the same issue - it's simply not what he paid for.

  • sghetti on 26/11/2018 - 23:07
    +5

    Sorry to hear you’re not on cloud 9 :(

    • Sequenox on 27/11/2018 - 15:16

      And that's when I knew, it was a pretty good sign…

  • [Deactivated] on 27/11/2018 - 07:53
    -1

    These must be Lebanese builders

  • Rumstein on 27/11/2018 - 09:47
    +2

    Check the floors in the building: Is the lobby floor noted as 1 or G? Some buildings will note it as G, and some as 1, and that will affect which floor is 8 or 9.

    It sounds to me like they just relabelled the bottom floor as 1, and you actually have a building at the same height.

  • idonotknowwhy on 27/11/2018 - 12:29
    -2

    Renters4Life

    • moo on 27/11/2018 - 13:29

      NegativeGearing4Life :)

  • stealthybargains75 on 28/11/2018 - 08:55

    I'm quite sure that backnl during the boom, the exact same floor plan/unit but on different levels would incur an additional $20,000 per level it went up so maybe if you want to rescind the contract, bring that to your lawyer's attention about the 'defect' that you are now left with? Or ask for a discount. Up to you.

  • dufflover on 28/11/2018 - 10:06

    Interesting case. Heard of the reputation of dodgy builders and stacked against contracts, but to get away with being on a different physical floor entirely is a joke and really in the face of basic consumer law.
    GL with the case!

  • GrantG on 14/12/2018 - 09:07

    Any updates?

    • ash79 on 15/12/2018 - 08:28

      Moving ahead with some negotiation with builder.

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