Bought a Home Which Is 1.5 Year Old, Warranty Papers Not Provided

ThisUniverse on 25/01/2021 - 13:37
Last edited 30/01/2021 - 11:56

I bought a house which is 1.5 years old, however the builder's warranty papers are not provided. The settlement has gone through fine. After settlement, I have contacted the agent, who said that the vendor left the warranty papers in a cupboard, however, I just couldn't find them in the cupboards. I searched the entire house cupboards and there are no where to be found. The vendor is refusing to do anything with this matter and asked me to contact the builders directly.

I have also followed up with my conveyer who contacted the vendors solicitor, who is not responding either.

BTW, I do have the Certificate of Insurance from iCare.

What can I do to obtain the warranties and contract papers by the builder? I can contact the builders directly and find out. But wanted to check if there are any other options for me?

On a side note, am I suppose to receive a Certificate of land title to provide that I am the owner? I haven't received it yet.

30/01/2021 - UPDATE: Thanks guys for your suggestions. I ended up contacting the builders directly and the builder provided all the certificates. The builder also agreed to fix one plumbing issue in the house.

Home & Garden

Comments

  • ihbh on 25/01/2021 - 13:43
    +1

    Why the heck didn't you get the papers before you paid the last amount? Your bargaining power would have been much stronger and you wouldn't have had to fart around; or you would have realised there were no papers to hand over.

    • ThisUniverse on 25/01/2021 - 14:21

      As this was my first home, I wasn't aware of the entire process and missed this one out.

      • IVI on 28/01/2021 - 09:21

        Your lawyer or rep in negotiations may be liable, so, I'd lodge a Complaint about them, unless the Builder wants to help, eg, by making you a Copy of the Warranty… ;~)

  • MS Paint on 25/01/2021 - 13:52
    +4

    I'm guessing the papers don't exist.

  • thatonethere on 25/01/2021 - 14:02
    +3

    You could probably just ring the builder and say - hey just doing some filing and I'm missing page 2 of my building warranty, could you do me a favour and send me a PDF copy of my builder warranty for <address>? (do that while you do not have an issue)

    • IVI on 28/01/2021 - 09:23

      Good Idea.

      Or maybe spilt soup on page 2… Blame a pet or toddler…?

  • kipps on 25/01/2021 - 14:11
    -1

    What can I do to obtain the warranties and contract papers by the builder?

    What does your contract to purchase the property say about it?

  • oO0Dam0Oo on 25/01/2021 - 14:12
    +1

    How did your conveyancer miss this?

    • ThisUniverse on 25/01/2021 - 14:22

      I am quite disappointed with this as well. They should have taken care of this one.

    • abb on 25/01/2021 - 15:26
      +2

      I'm guessing that "locate warranty papers" is not in the conveyancer's contract of "things you are hiring me to do"

    • IVI on 28/01/2021 - 09:25

      If your Conveyancer missed it, let them solve it, in arrears.

      If they won't & are Licensed, lodge a Complaint w/ whoever
      Licensed them.

  • SF3 on 25/01/2021 - 15:38
    +1

    On a side note, am I suppose to receive a Certificate of land title to provide that I am the owner? I haven't received it yet.

    If you paid for your property outright you'll have it.

    If you are on a mortgage the bank owns until you paid out your loan, otherwise the bank still owns it.

    • ThisUniverse on 25/01/2021 - 16:27

      Does this certificate same as Title Search?

      • miwahni on 25/01/2021 - 22:41
        +1

        In QLD and NSW, yes. Not sure about other states but both QLD and NSW are all electronic and no longer issue paper certificates of title. The title search shows all particulars.

  • tebbybabes on 25/01/2021 - 16:54
    +1

    When we moved in to a 2 year old home, we didn't get any warranty papers either. However, the builder on record does have the address on their books. When I rang up one time to ask about coverage for a minor defect, they didn't faff about asking me for papers. They just confirmed that the particular address was under warranty, however, the issue I rang up about was considered to be wear and tear so nothing came about it.

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