Getting Out of Building Contract - Home and Land Package

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27 June 2014
Dear all,

I recently purchase a home and land package but I am not happy with the design that they finalised despite many attempts to get the design changed to our liking. We got rushed into signing the building contract without even seeing the final plan. Only on the day of signing did we get to see it and was rush to sign it to get the loan approved. How do I get myself out of contract with these guys and get another builder to build my home under Property Law? Land title have already been given to me after waiting 1 year for it. Shire of that surburb was blamed for delay. Loan has already been pre-approved for the home and land package. Will my land be taken away if we get out of the contract with the company?

Paul Cott

Well-Known Member
LawConnect (LawTap) Verified
26 May 2014
Ballarat, Victoria
I don't think the land will necessarily be taken away from you if you get out of the contract. I assume the title is in your name. You are in a strong position as far as that is concerned.

The contract usually will have a provision which details how you can get out of the/a contract. Have a look for that. Also there may be a cooling off period, though these periods are usually pretty short so act quick - they are often only a few days after the contract is signed.

Also, request to get out - though there could be a penalty to get out of a contract early.

There may be legal options you may have in due course. See a solicitor with experience in domestic building disputes.

Hope this is of help.