Rachelle Pelkman
We entered into a house and land package in Papamoa. This package was arranged by a local building firm which is part of a nationwide franchise. We paid a 10% deposit for the section and a 10% deposit to the building company for the build. A Masterbuild 10-year guarantee was supposed to have been taken out as part of the contract, which would have given us some protection for the deposit. We signed the Masterbuild guarantee application when completing the other documentation. The building company never filed the Masterbuild 10-year guarantee. The section had been sold twice with the previous owner not recorded as the current owner on the title. When our lawyer tried to settle the section, the lawyer acting for the developer said he was unable to settle and despite many emails and phone calls our lawyer received no replies and was unable to ascertain what the hold up was. We only found out what had happened when the barrister for the first purchaser contacted us and explained what had happened. We understand there are other sections in this subdivision with the same issues – i.e. they have been sold twice. Our lawyer then issued a settlement notice giving the developer 12 working days to settle – he did not, so our purchase of the section was at an end. My lawyer spent a great deal of time trying to get the deposit on the section back and eventually this was successful less a very large legal bill. Unfortunately the building company refuses to refund any part of the deposit for the build or even account for what they may have spent the deposit on. They simply regard it as a windfall – have a nice life, Merry Christmas. I have contacted the head franchisee – they don’t give a damn. I am under the impression the building firm was aware of similar issues with sections in this subdivision before our contract went pear-shaped. I have contacted Master Builders Association who have suggested using Fairway Resolution, but this requires the buy in of the building firm, who to date have been aggressive, totally unreasonable and unresponsive. My next step will be the Disputes Tribunal, which is limited to $30,000, but anything is better than nothing. I really think I am totally an innocent party here, I trusted the building firm, they sold me the package, including the land. I was totally shafted by them, with them capitalising on the situation they , probably knowingly, put me in. My questions are, has anyone else had a similar experience in Papamoa? Please get in touch with me as it would help with the claim with the Disputes Tribunal. Why is this building firm able to use the Master Builders brand, surely the Master Build brand should mean something, why is the Master Builders Association not taking a keener interest in what has happened to me. Most professional organisations monitor the actions of their members and weed out those who do not offer a service which is up to the standards of the professional body. Why is it that I have what it seems as no rights, when purchasing a house and land package, compared to purchasing an item under the Sale of Goods Act. Why can a building company sell packages with total impunity when at least Real Estate Agents have a code of conduct and an Act which covers their actions. It is probably the biggest purchase anyone can make and yet there is no protection and it seems nobody cares, welcome to the Wild West.