Dear Brain Trust,
I need some help, I have recently bought an off-the-plan property and it has 3 key issues that I want to escalate to VCAT and sue the real estate agent.
My dilemma is - It is worth the effort to go VCAT path or hire a Legal expert to fight it in court
Below is the extract of the email I have sent to the real estate agent outlining the issues
As documented in previous communications and attached evidence:
1. Unrepaired Defects:
Despite your written commitment dated 04/10/2023 to address pre-settlement defects, these issues remain outstanding, posing safety concerns and causing inconvenience. I request immediate rectification within 3 business days. Failure to act promptly will necessitate seeking alternative solutions and exploring compensation options to cover the incurred inconvenience and safety risks.
Can expert here advice what my best course of action, VCAT is a 1 year long process with $586 fee.
Regards
Tarun
I need some help, I have recently bought an off-the-plan property and it has 3 key issues that I want to escalate to VCAT and sue the real estate agent.
My dilemma is - It is worth the effort to go VCAT path or hire a Legal expert to fight it in court
Below is the extract of the email I have sent to the real estate agent outlining the issues
As documented in previous communications and attached evidence:
1. Unrepaired Defects:
Despite your written commitment dated 04/10/2023 to address pre-settlement defects, these issues remain outstanding, posing safety concerns and causing inconvenience. I request immediate rectification within 3 business days. Failure to act promptly will necessitate seeking alternative solutions and exploring compensation options to cover the incurred inconvenience and safety risks.
- Your email below clearly state you were aware of all the defects and had committed to get them fixed before the settlement date
- The detailed & written notification of all the defects was brought to your attention on 26th Dec 2023, This is much before the settlement date of 12th Jan.
- No action has been taken from your side to fix these defects, I have been chasing the builder and getting mental and physical harassment
- 2. Discrepancy Between Property Specifications and Reality:
- The builder contradicts the inclusions detailed in our November 24th email. This discrepancy constitutes a breach of contract and reliance on inaccurate information, resulting in additional expenses to acquire missing inclusions. I request compensation of [amount] to cover the incurred financial loss.
- Attached email is dated 06th Sept 2023 illustrating the inclusion in the property
- These inclusions are not installed in the property and the builder has refused these to be a part of the original specification
- 3. Misrepresented Stamp Duty:
- Your confirmation of an 80% stamp duty reduction influenced my decision to proceed with the purchase. However, I was ultimately required to pay [102K] more than anticipated due to the miscommunication. While I acknowledge your apology, this discrepancy caused significant financial strain. I request a full refund of [amount] to rectify this issue.
- You have on multiple occasion given us reassurance both verbally and in writing that we would be saving money on the stamp duty and hence this property was suitable and was within out budget
- I was committed a stamp duty of 82K and I paid 102K in the end
- I am demanding a total compensation: $80,000 ($40,000 for defects, $10,000 for missing inclusions, and $30,000 for misrepresented stamp duty).
Can expert here advice what my best course of action, VCAT is a 1 year long process with $586 fee.
Regards
Tarun
