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new house not up to acceptable standard

Posted: 05 Nov 2009 20:05
by gillbail
I have had my townhouse for 9 months. When the first heavy rains came in February the downstairs was flooded because of a fault in the drain on the balcony and also in the upstairs from the balcony above mine. The developer agreed that the house would be covered until after the next expected heavy rains next February. However, with the thunderstorms this week there are new leaks and the house is flooded again. Do I have any rights to hand back the property as being substandard and not wind and watertight or is there any chance of getting another property without these defects?

Re: new house not up to acceptable standard

Posted: 05 Nov 2009 21:43
by Nigel Howarth
Hi Gill,

Sorry to hear you have problems - leaking roofs are not uncommon. Usually, when you buy a new property you get a 12 month guarantee for defects after you take delivery. As you've only been in the property for nine months, this should cover you.

It is absolutely essential that you write to the developer advising him of the problems you're having. (There have been cases where people have spoken to the developer only to find that he had conveniently forgotten the conversation at a later date).

There's also an article you should read in my magazine at ... y/id=00439

Personally, I doubt whether you'll be able to exchange the property, your best bet is to pursue the developer to fix the leaks.

If you have difficulties persuading him, get your lawyer onto the case.