NSW Non refundable deposit

[Puttit]

I have entered into a contract with a pool company. The cooling off period has expired and I am considering the decision that I no longer wish to continue.
A deposit of 10% of project has been paid. The contract states this 10% is non refundable if you choose a change of mind. This is a fair term for the builder to offset any incurred costs. To date the builder has acknowledged nothing has been purchased from the builder and the only cost they have absorbed is a permit Approx $1500. This $1500 reflects 1.5%. Am I entitled to any or all of the balance of the 10% if no costs have been incurred?

 

[Docupedia]

There is also their own internal costs in having done the work to date.

 

[Puttit]

There is also their own internal costs in having done the work to date.

Thanks Doc, please note the builder has acknowledged no actions have been completed or attempted to date excluding a $1400 council application

 

[Tim W]

Going only by what you've said here, no, you're not entitled.
You contracted for a 10% non-refundable deposit for change of mind.
That would appear to be the deal, no further questions asked.

 

[Puttit]

Going only by what you've said here, no, you're not entitled.
You contracted for a 10% non-refundable deposit for change of mind.
That would appear to be the deal, no further questions asked.

Thanks