How hard is it to measure a block of land?
If you paid $599,000 for a 588 square metre block of land off-the-plan you'd expect to get what you bought, so you can imagine a couple's surprise to find they'd been short changed.
Related Clips
Melissa and Bryan discovered through their own builder that the land they'd acquired, in the Byron Park Estate at Tahmoor in Sydney's south-west, was in fact 452 square metres, which meant the dream home they'd been hoping to put on it would no longer fit.
The couple pulled out of the contract but claim it has left them $30,000 out of pocket.
READ MORE: Residents locked in bitter feud with council over new heritage restrictions
For the full story, watch the video above.
Statement by Tony Khoury
Why were the measurements of lot 16 wrong?
Prior to the off-the-plan sale of lot 16, a draft survey plan was prepared by an independent licensed surveying contractor which was ultimately relied upon as part of the sale and included in the contract. Unbeknownst to us at the time, the draft survey plan contained an anomaly in the total area of lot 16. Whilst the surveyor appears to have included the correct measurements, the total of those measurements was incorrect.
As is the case with all land subdivisions, upon completion of the subdivision works, a final survey plan is prepared by the same independent licensed surveying contractor to verify measurements and total areas. Prior to completion of the final survey plan, the purchasers of lot 16 obtained a survey report from their own surveyor which ultimately revealed the anomaly in the total area of lot 16. This same anomaly has been picked up in the final survey plan.
Are the other blocks the correct measurements?
The final survey plan has revealed that measurements pertaining to other blocks are within acceptable tolerances and in some cases better than those set out in the draft survey plan.
Did you engage in deliberately misleading conduct in the sale of lot 16?
No. As is stated above, the draft and final survey plans were prepared by an independent surveying contractor. We have at all times acted in good faith and in accordance with the contract. Upon becoming aware of the anomaly, the purchaser rightly rescinded the contract and received a refund for the full value of the deposit paid.
Statement by Australian Survey Solutions
Thank you for your enquiry regarding measurements from a draft plan at Tahmoor.
Professional ethics dictate that we cannot discuss details of any project with parties who are not our client. As such, we request that any further enquiries should be directed to our Lawyer:
Statement by Nahro Hasan - Urban Land Housing
Why were the measurements of lot 16 wrong?
Prior to marketing the land, we had received the Contract for the Sale of the Property from the vendors solicitor.
Our review of the Contract received indicated to us that all the required documents for the purposes of s 63(4) of the Property and Stock Agents Act 2002 and otherwise 52A of the Conveyancing Act 1919 were in the Contract.
Are the other blocks the correct measurements?
There were a number of minor variations that were within the tolerance of the Contract, including blocks that were slightly larger. All purchasers discuss the specifics of the contract with their legal advisors or conveyancer prior to exchange of the Contracts.
Did you engage in deliberately misleading conduct in the sale of lot 16?
No we did not.
As ordinarily happens, measurements which appear in these draft documents may vary from the actual figure.
If a variation exceeds 5% of the initial draft, a purchaser can exercise a right under the Contract to rescind the contract and receive a full refund of their deposit paid - of which the purchaser did receive . We are aware of a number of other variations that were within the 5% tolerance; some of the other blocks have been shown to be smaller, and others bigger, than the deposited plans suggested.
It is not the practice of this office to mislead our clients. We are obligated to bring to the attention of the vendor any errors in the contract of which we are aware, this includes misrepresentations as to size. We do this by ensuring all Contracts contain the prescribed documents. Agents do not exercise the functions of Conveyancers.
Regarding the marketing of 25 Byron Road – we completed our ordinary due diligence, ensured all prescribed documents appeared in the contract, and advertised the property at the measurements we understood to be correct.
While we expected it was possible there would be variance, we expected any variance would to be within the contract's tolerance. It would be hyperbolic to suggest our conduct amounted to deliberately misleading.
Statement by Wollondilly Shire Council CEO Ben Taylor
This is a matter between the developer and the purchaser. Council has no control over the contractual relationship between them. Council will ensure that when the subdivision is determined that it meets all rules and regulations.
Background
1. From the information available, it appears that the land was purchased before the lots were approved, formally created and registered with the Land Titles Office.
2. The purchasers may have entered into a contract to buy the land from the developer before the DA for the subdivision was even lodged with Council, probably well before the lots were actually created and the roads and infrastructure installed. The subdivision certificate is not yet approved.
3. There is an inherent risk in buying unregistered land before it is actually constructed, similar to buying an apartment off-plan. We have a fact sheet on our website in relation to this: https://ift.tt/UdCcuBV
4. Council encourages everyone to do their due diligence. Buyers should be aware of the risks and always seek legal advice before purchasing unregistered land.
Bagikan Berita Ini
0 Response to "Shocked property owners discover purchased lot smaller than they paid for - Nine Shows"
Post a Comment