Hi all,
Thought I'd get the OzBargain opinion, and see if anyone else here has gone through similar to see what worked for them.
I purchased an off-the-plan apartment back in Feb 2018, and the time has finally come to inspect. After the builder set his 15 minute timer for us to frantically go over everything with a fine tooth comb, we found some minor issues, such as scuffs/dents on walls, paint overspray, etc. All have been logged with the builder and will be rectified.
However, when measuring the rooms, we found the dimensions to be quite a bit smaller than what was shown on the plan 3 years ago. I understand that a 5% variation is allowed as things do not always go to plan, but here are some specifics of the more drastic differences:
Main bedroom
Plan (approx) 3.2m x 3.5m
Actual (approx) 2.3m x 2.9m
(50% reduction!)
Dining
Plan (approx) 3.6m x 3.2m
Actual (approx) 3.2m x 2.8m
(25% reduction)
Other areas are similar to the plan we were given, though some are still within 5-30cm reduction (never larger, go figure).
My plan shows measurements from the external wall, which I believe is a factor for the smaller variations in other rooms. As for the main bedroom being 50% smaller, I can't imagine the walls taking up that much room. I've contacted the developer for further clarification, but ultimately they will not want a bar of it, so its best left to my conveyancer.
So my questions are. Has anyone experienced a similar situation? How did you resolve it? Did you settle? Was an offer made?
Yes, I agree with the upcoming comments on "don't buy off the plan". Lesson learnt, but I am lucky that the banks have valued it for more than what I signed for. Have that going for me at least… And I'm still trying to get the developer to own up to the fact that their incompetent sales team never handed over the signed contract for a free double sink (which my conveyancer is trying to follow up to countless ignored emails on their part) (Developer from hell I think?)
Update 1
Waiting to get the Strata Plan to determine if the overall area is within 5% of the signed size.
I've been informed by my conveyancer that due to the plan having a disclaimer that its a guide only, and given in good faith, that so long as the total area is within the tolerance, they are within their rights. Which sounds dodgy as @#!& to me, and am getting a second opinion just in case.
The above sounds like as long as you have been given the total area, it does not matter if they change wall positions, or remove a room entirely. Hell, why not just remove all walls for maximum saving?
Whilst I'm at it. The developer is also rejecting a double sink installation that was signed for because their sales rep never handed them the contract. My argument is that if I employ someone to act on my behalf, I also take on any incompetency they bring to the table, and that it should not effect the customer in any way…
Thanks to everyone who has offered suggestions, will keep this post updated as best I can. And as calmly as possible :)
Update 2
Had our second inspection with the same rude supervisor this morning. He rocked up 45 minutes late and refused to log any new issue we found into Hamilton Marino's system.
When drawing his attention to consistent blue paint splatter on white skirting boards, his response was, "You can tell me all you like", and continued to play with his phone. When asked if the paint on the floor boards would be cleaned prior to settlement, he stated, "No one can clean better than an owner", and that we would be given instructions on how to clean it ourselves.
As expected, more issues were created in the process of fixing the others, such as additional dents in walls.
Overall size seems to be within tolerance. Rooms are still smaller, but we must account for the external walls. Our rushed initial sizing with a measure tape were a lot more inaccurate than I realized. So apologies for reporting larger inaccuracies than what it is. I've attached the blueprint with our sizing in this update for reference here
We took a third party inspector (Correct Inspections) this time, and they picked up on a few more issues we missed, while also logging all our concerns in his report which has now been forwarded to Blue Earth Group (developer). They have since apologized for the way the supervisor acted, and have forwarded the report onto the builder to rectify. Correct Inspections did a great job with the report, highly recommend!
I would also advise anyone who wants to measure a place, go purchase a laser measure as it can be more accurate and quicker when given time constraints.
Thanks to everyone for their comments and suggestions!
Hope it doesn't become another Opal or Mascot towers.