Chris C
Hi All, I’d just like to draw your attention to an article in the NZ Herald today (17/3/22), page A7, concerning a legal dispute between some house owners’ and the Nelson franchise of G J Gardner Homes (LSK Builders Ltd). The dispute is obviously long standing and complex, and I have no comment on who is in the right.
The point of interest is that it appears the builder has used a clause in the Contract to ‘register a mortgage over the title to the property’. I may be wrong, but I suspect the Contract may be the Master Builders one, which contains a clause like this.
This issue has been discussed before in this blog. I’m not a lawyer, but in my opinion common sense should tell anyone about to build who is presented with a Contract containing a clause like this that they should ask for it to be deleted.