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Construction issues resolution in Sydney - Part 8


With the New Year resolutions came new wave of communication with the vendor and builder regarding unresolved defects from last year.

Vendor has been contacted by the owner, because:

- In the contract of sale there is a clause which states that all defects should be reported within 3 months after settlement and should be repaired by the vendor (and at the vendor's expense) within 6 months after settlement

- The vendor and their relevant contacts were notified numerous times about those defects and their response has been always "all issues will be resolved" which changed to "the building came with 12 months warranty and the responsibility passed on to all owners"

- The owner didn't have any direct agreements or contracts with the builder. Therefore it has been decided to work with the vendor.

An email correspondence with the vendor looked like this:

Owner (O): Hi, it's been two years since the defects were reported, but not fixed yet. What's your opinion?

Vendor (V): Building came with warranty - owners are responsible.

O: But how about the contractual obligation? I am looking at the legal options to resolve the problem.

V: Your legal options are up to yourself.

O: Ok then, I am lodging a complaint with the Consumer, Trader and Tenancy Tribunal

V: Please appreciate that I need to discuss with the builder. Can I see the defects myself? I remember the one with waterproofing - isn't it fixed? Could you send me the defects description and the date of notice please?

So the magic words worked. In addition to that the owner is determined to go to court if necessary, because spending two years doing nothing, but pretending something is happening is not funny at all.

The vendor came to see the defects again. Then they sent an email: one defect will be partially resolved and another defect they have to investigate! Two years wasn't enough for sure.

Other posts from this story to see where the issues started and how painful it is to make people do what they should.

Also just have a look at my post regarding strata living and what to look at before and when you buy a strata unit.

To be continued...
  

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