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We have recently had a kitchen installed. The stone bench…

Customer Question
We have recently had...

We have recently had a kitchen installed. The stone bench tops were not installed satisfactorily to begin with and since then we have had our lives disrupted and the house has constantly needed cleaning. They are now going to replace the tops next week. We believe we are entitled to some form of compensation for the inconvenience. Are we correct?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Qld

Lawyer's Assistant: Have you contacted the manufacturer?

Yes and they offered us $800 to leave the tops as they were. We refused this offer as the tops were never right. We are seeking compensation for cleaning and disruption. This should have been finished 6 weeks ago.

Submitted: 8 months ago.Category: Australia Law
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Answered in 5 minutes by:
11/16/2017
Solicitor: John Melis, Lawyer replied 8 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,292
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Dear customer, my name is***** solicitor, thank you for using Just Answer, I will assist with your question today. Please allow me a few moments to review your post and I will respond accordingly. Kind regards ***** *****

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Solicitor: John Melis, Lawyer replied 8 months ago

Did you sign a contract with the builder ?

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Solicitor: John Melis, Lawyer replied 8 months ago

does the contract have a dispute resolution clause ?

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Customer reply replied 8 months ago
Not that I know of
Solicitor: John Melis, Lawyer replied 8 months ago

Ok.

The next step is to obtain a quote from another supplier/installer of the same bench top.

It is necessary to determine the cost to work out the potential loss that has resulted.

I have extended a special offer to talk on the telephone if you prefer on this important matter ?

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Customer reply replied 8 months ago
No thanks.
Solicitor: John Melis, Lawyer replied 8 months ago

ok.

Once you have the quote and have determine the loss, a formal complain referencing ALC and the legislation needs to be drafted and then issued to the builder.

Negotiations will start after this period.

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Customer reply replied 8 months ago
You have charged me $76 for a phone call that I did not authorise. Please refund this amount
Solicitor: John Melis, Lawyer replied 8 months ago

Did you request a phone call, as I cannot see it from the post forum.

May be the charge is the question charge that you started with when you raised your first question. You can review this from your members area too.

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Customer reply replied 8 months ago
I did not request a phone call. I'm quite happy to pay the initial $5 but not the $76
Solicitor: John Melis, Lawyer replied 8 months ago

ok.

Would you like to talk on the telephone about your important legal matter. I have sent you a special offer to talk on the phone of you prefer ?

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Customer reply replied 8 months ago
No I would not.
Solicitor: John Melis, Lawyer replied 8 months ago

ok. We can chat in this forum as you require.

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Customer reply replied 8 months ago
I just want my money refunded
Solicitor: John Melis, Lawyer replied 8 months ago

Have you made a request to the administrator on the help menu yet ?

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Customer reply replied 8 months ago
No I wasn’t aware that I had to
Solicitor: John Melis, Lawyer replied 8 months ago

If you make the request to the administrator they will assist you.

However, if you would like to talk to me in the meantime on the telephone about your legal matter you are welcome to accept the telephone offer that has been extended to you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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