VIC Construction of Off-the-plan Townhouse - Compensation under Property Law?

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wiltaustinxu

Member
4 September 2014
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0
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Dear solicitors:

I signed a contract for purchasing an off-the-plan townhouse 5 months ago. In attachment B, the specification states that the roof is tile with brand Boral, but the plan illustrates that the roof would be color bond (the words are small and unclear). The vendor stated (by agent) that the townhouse would have tile roof.

However, the vendors ask me to agree with their plan to use colorbond instead of tiles because this is the requirement of the city council.

Can I take legal action under property law for compensation?
 

Rod

Lawyer
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27 May 2014
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Forgetting the council and contract for the moment, what roof do you want? Tile or metal?

The answer to that questions determines what you do next.
 

wiltaustinxu

Member
4 September 2014
4
0
1
Forgetting the council and contract for the moment, what roof do you want? Tile or metal?

The answer to that questions determines what you do next.

I prefer using tiles, there are many complaints about colorbond and colorbond looks so cheap that I am worrying about losing value of resale a few years later.
 

Rod

Lawyer
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27 May 2014
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Ok. And the contract says tiles.

What proof did the Vendor provide saying the council mandates use of colourbond? Have you confirmed this with the council?
 

wiltaustinxu

Member
4 September 2014
4
0
1
Ok. And the contract says tiles.

What proof did the Vendor provide saying the council mandates use of colourbond? Have you confirmed this with the council?
Not yet confirmed. They are like asking the council for suggestion whether they can use tiles or colorbond.
 

Rod

Lawyer
LawTap Verified
27 May 2014
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953
2,894
Tell them you want and insist on tiles. Then leave it to them to reply. In the meantime do background research on what is allowed and contact the council asking general questions.