Builder Promising Inclusion on Home - Australian Consumer Law?

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twowrongs

Well-Known Member
15 February 2016
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Hi, I was just wanting your opinion or help.

My daughter and her partner are building a new home. The builder they are going through has a glossy catalog which clearly states all these extra inclusion when they sign up, i.e. dishwasher, concrete around home and drive way and so forth. The problem is, they have their plans drawn up and there is no inclusion written on there.

When they have asked the question, they said, oh, because you have been given other extras (of which are a different offering), you don't get what is in pamphlet. Is this right under Australian Consumer Law or can they pursue this?

When my daughter questioned a bit further, they offered them $300 - what a joke when clearly it is in their pamphlet - there are no clauses.
 

Rod

Lawyer
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27 May 2014
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They may have a case. Really depends on material and what was said. They may have purchased a different package from the 'all inclusive' package shown in a brochure.

Someone needs to sit down and go through the material to work out what should have happened and compare it with what did happen.
 

twowrongs

Well-Known Member
15 February 2016
37
0
121
They may have a case. Really depends on material and what was said. They may have purchased a different package from the 'all inclusive' package shown in a brochure.

Someone needs to sit down and go through the material to work out what should have happened and compare it with what did happen.
Hi Rod

With what they were given is nothing the same as in pamphlet, it dosen't state any particular package, just states every home purchased. When my daughter approached them, they said, "oh, you are the first person in four years to question this"

So to me, were they just waiting for someone to come forward and if not well, the builder wasn't going to say anything.

So to me if it is in black and white and in every pamphlet they give out to people viewing their homes, is that grounds enough?
 

Rod

Lawyer
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27 May 2014
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What you are saying sounds reasonable. In which you should confirm every 'inclusion' in writing and see how they respond.