Goose

Hi all,

Thanks everyone for your responses.

Unfortunately I feel like there is not much I can do from a legal perspective unless I want to engage a property lawyer and litigate etc.

I would have understood if they were FORCED to make changes to satisfy council.  That’s the risk you take with off the plan.  Developer going broke is also one of those risks you take, which is why I researched developer/builder.  “Built”, the developer/builder, had a seemingly great reputation.  They completed the LV store in Sydney, Park Hyatt refurbishment, the Ferrari dealership in Zetland etc.  I wouldn’t have gone with a developer/builder which hadn’t had a good reputation. 

After some digging, I’ve found that they were not forced to make changes.  The George and Allen complex had already been approved by Council at the time I purchased the apartment.  The contract permitted changes to the plans that were required by Council… which were not really applicable in my case here. 

What has become very obvious is that the timeline doesn’t stack up.  Personally, I don’t think they ever intended to build the apartment which they sold to me.

When I bought off the plan: July 2013

First question by Built to Council to add 9 extra apartments: October 2013

Construction started i think sometime in November 2013

DA submitted to add the apartments: December 2013

DA with the extra apartments approved: May 2014

When i was told: July 2014

A year had elapsed until I found out that my property wasn’t being built.  Meanwhile, prices went up 15% (ABS numbers) and I have to look for a new place.  That and all the legal and bank guarantee costs incurred. 

I guess buying off the plan, you’re only getting as good as the developer’s word and it’s about trust.  I would not trust Built again.