Hi Debra, can I start by asking what do you mean by co-signed the land contract with the sales agent ? do you mean the agent witnessed your signature, or they were a co-purchaser with you ?
Did the receipt for the $1,000 deposit state that is was for Lot 18 ?
Sorry ...I just signed the contract. The developer's agent witnessed. Gosh I thought we both did but just checked the contract.
Is the land contract dated and signed by the developer as well or just you ?
That seems strange.. what did the receipt say it was for ?
Do you have anything else in writing from the agent, like a plan that shows lot 18 highlighted, that indicates Lot 18 was the land you were securing by way of deposit ?
What is strange is that the I paid put a deposit of $2600 for the house to the builder and paid $1000 deposit to the developer on the same day and the payment was taken through the agent for the builder. She requested I put both sums into 2 different accounts.
the land deposit has the builder's bank details on it and a message that says the developer will issue a receipt for the land to me. I didn't receive one. I feel like a complete idiot
So have the deposits gone into trust accounts ?
Do you have the real estate agents name and licence number ?
Did you complete an expression of interest for Lot 18 ?
I can't tell by the print out from the builder's payment details/receipts for both. Actually the 2 payments split house , land deposits of 2600 and 1000 , share the same Account name and number which is Barry Beaseley Homes.
There was no real estate agent involved. when searching for an existing property on line I just saw an ad for a house and land package and can't remember who it was I contacted....developer or builder?
No I did not complete an expression of interest for Lot18
It was the builder's sale agent Tracey whom I contacted first, I think
Sometimes the builder is also the developer.
No they are 2 separate entities. It is an Ekkopoint development.
When parties compete for a property, the one who has the contract signed by the vendor is the one who has the right to proceed to purchase the property. As your contract was not signed by the developer, you do not have a binding contract.
So the answer to my question is no I do not have a right to that property.
"Once you have made an offer on a property, you may be asked to pay an initial deposit as an expression of interest," says OFT spokesperson Teresa Mullan.
"This won't mean that the property is yours or that it gets taken off the market. It only proves to the seller that your offer is serious."
The above article may help you understand the situation.
You do have a situation where the salesperson has misled and deceived you.
Well thank you. I have never done this before,that is, build a new property . Yes but what if anything can be done about that?
Start with a compliant to Office of Fair Trading.
compliant = complaint
yes I got the type and understood.
Is there anything else I can do I assist ?
No thank you. You have been most helpful. Thanks
Thanks Debra, glad to be of assistance.
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