VIC Issue with House Purchased from Sheridan Homes?

[rexhvn]

Hi all,

I hope I have posted this in the right section, I apologise if I haven't.

I purchased a home (ex display home) from a company called Sheridan Homes 2 years ago.

Ever since I moved in, we have had nothing but problems with the home that has resulted in us being out of pocket quite a bit.

Overview:

1: Toilets became faulty 6 months in - $600
2: Extremely water leak from boiler - $400
3: Heater/Air con leaking water due to incorrect install. Water leaked into living area, damaging ceiling and roof tiles - $1000 to fix
4: New water leak from our water system designed for solar which I do not have - $currently being fixed
5. Water bills over the last 2 years are easily in excess of $2000 mind you, its my wife and I who are rarely home.
6. Some of the finishing to the en-suite are not done correct causing a 5cm gap under the bench - Not fixed

The list goes on.

I've reached out to the builder a number of times but just come back advising everything is out of warranty. I got in touch with my conveyancer today. It appears the warranty was expired prior to me purchasing the property. I was advised to seek legal advice.

Is there anything I can do to try make these guys responsible and recoup some of the costs that I have had to take on due to their mistakes?

Thank you kindly

 

[Matthew Karakoulakis]

Hi Rexhvn

I would check the contract of sale as a first step, to see if there are any special conditions that might have been added that deal with or touch on any of the problems.

I also refer you to the Australian Consumer Law and the Domestic Building Contracts Act 1995, although more information is needed to ascertain what legislation is most relevant to you. When you say builder, do you mean Sheridan Homes or an individual? You need to take note of who you have contracted with. As you have stated that you bought your home from Sheridan Homes, your contract is likely to be with them.

While your written warranty might have expired, there is still a guarantee under s 54 of the Australian Consumer Law that the goods supplied to a consumer are of acceptable quality, which includes them being free from defects that may apply.

If you require any further assistance on this matter, please do not hesitate to contact me via the link below to arrange for an appointment to discuss your options.
Matthew Karakoulakis, Melbourne Lawyer: Book Online

 

[rexhvn]

Hi Matthew,

Thank you kindly for your respond. My conveyoncer and I went through the contract and there weren't any special conditions. They commented on how terrible the warranty actually was.

The home was displayed as Sheridan homes, however all of my dealings are with AHB Australia (builders).

 

[Matthew Karakoulakis]

Hi rexhvn

No worries. Another thing to check is who the other party on your contract so that you know exactly who you are dealing with. Sometimes, the same company may use different business names in different places, but they are essentially the same legal entity. I am not sure if this is the case for Sheridan homes and AHB Australia. It could also be the case of Sheridan homes contracting AHB Australia to build the house. It is helpful to establish who the parties are and how everyone is related in this matter so that you can assess your options more effectively as you can then see what sort of obligations each party owes you.

If you require any further assistance on this matter, please do not hesitate to contact me via the link below to arrange for an appointment to discuss your options.

Matthew Karakoulakis, Melbourne Lawyer: Book Online