Friday 19th March 2010
Before leaving on holidays last week, I received a letter from the developers to inform me that the WA Planning Commission have given final approvals for the strata plan for my block. Individual titles should be released in the next week. I'm back from holidays and haven't heard anything...yet.
I must be getting a bit anxious-slash-excited because last night I dreamt that I drove out to the block of land and everyone had already built their houses except for me. There was a little vacant strip of land where my house was to be. I might have to do a drive by.
and yet we WAIT...
Friday 26th February 2010
Me and Mr Waiting are really good friends now. In fact, such good friends that I've asked him to stay.
As far as I know, all the final clearances for the land titles have been passed. I'm just waiting for the actual titles to be released. Just how hard is it to do this!? My finance broker's been chasing it up with the settlement agency to find out what's going on. He reckons it's unusual for the titles to be delayed this long, especially after the developer's office has sent me written notification to say that the titles were to be released in late December, 2009.
"On the 3/1 Landgate have received an application approved by the shire.
On the 2/2 Landgate referred the application to the WA Planning Commission for approval.
No response has been received from WA Planning Commission yet."
So...it took a month for Landgate to 'refer the application to the WA Planning Commission'. I don't completely understand what's involved in the process, but upon reading the email I was imagining someone sitting behind a desk, throwing my paperwork into an 'IN' tray, then a month later shoving the paperwork into an envelope, licking a stamp and sticking it to the envelope, and then mailing it.
Talk about efficient.
Me and Mr Waiting are really good friends now. In fact, such good friends that I've asked him to stay.
As far as I know, all the final clearances for the land titles have been passed. I'm just waiting for the actual titles to be released. Just how hard is it to do this!? My finance broker's been chasing it up with the settlement agency to find out what's going on. He reckons it's unusual for the titles to be delayed this long, especially after the developer's office has sent me written notification to say that the titles were to be released in late December, 2009.
"On the 3/1 Landgate have received an application approved by the shire.
On the 2/2 Landgate referred the application to the WA Planning Commission for approval.
No response has been received from WA Planning Commission yet."
So...it took a month for Landgate to 'refer the application to the WA Planning Commission'. I don't completely understand what's involved in the process, but upon reading the email I was imagining someone sitting behind a desk, throwing my paperwork into an 'IN' tray, then a month later shoving the paperwork into an envelope, licking a stamp and sticking it to the envelope, and then mailing it.
Talk about efficient.
The Beginning of the End
Wednesday 20th January 2010
Well folks, after a tumultuous half a year, I am one step away from being the proud owner of a piece of land upon which to build a home.
I had a call from the finance broker today to inform me that Keystart have officially approved my home loan. So now I just need to wait for all the paper work and settlement will be in twenty-one days.
About time!
I feel like I've just passed through a tunnel to the light on the other side, but only to find another tunnel with another light at the other end that I need to reach. I suppose I should start thinking colour schemes and prepare for my prestart appointment now!
Well folks, after a tumultuous half a year, I am one step away from being the proud owner of a piece of land upon which to build a home.
I had a call from the finance broker today to inform me that Keystart have officially approved my home loan. So now I just need to wait for all the paper work and settlement will be in twenty-one days.
About time!I feel like I've just passed through a tunnel to the light on the other side, but only to find another tunnel with another light at the other end that I need to reach. I suppose I should start thinking colour schemes and prepare for my prestart appointment now!
Here we go again...
Sunday 13th December '09
I signed the final building contract today. I'm feeling an inkling of excitement now that I've revisited the display home...I love love love the kitchen that I'm going to have!
I signed the final building contract today. I'm feeling an inkling of excitement now that I've revisited the display home...I love love love the kitchen that I'm going to have!
so what's the go?
Monday 7th December '09
Somehow it doesn't seem as exciting the second time around. I'm sure once I get past the finance approval and start getting involved in the prestart, it'll all start to be new and I'll find some enthusiasm.
So what now?, many of you are wondering.
I'm just waiting for the builders contract to sign - it should be ready in the next few weeks. Then I can submit the changes to Keystart. Then I'll get my finance. Then I apply for the FHOG (pleading my case to still be eligible for the full $21K). Then building should start!
Can't wait to get you all to come down and have a beer with me when the concrete slab goes down!
Somehow it doesn't seem as exciting the second time around. I'm sure once I get past the finance approval and start getting involved in the prestart, it'll all start to be new and I'll find some enthusiasm.
So what now?, many of you are wondering.
I'm just waiting for the builders contract to sign - it should be ready in the next few weeks. Then I can submit the changes to Keystart. Then I'll get my finance. Then I apply for the FHOG (pleading my case to still be eligible for the full $21K). Then building should start!
Can't wait to get you all to come down and have a beer with me when the concrete slab goes down!
update...
Tuesday 24th November '09
It's difficult to muster up excitement nowadays about the house ordeal. I feel like someone's sucking the air out of the room a little more each day.
I went to see my finance broker early last week to reaccess my financial position and to determine whether or not I would have to submit a new Keystart application. My broker had managed to get his hands on a letter from the developer's solicitors that paints a different picture to what I've been told.
The letter basically says that the developer had applied to purchase the part of the road that they intended to build upon. The Department of Planning and Infrastructure (DPI) had given them approval but there would be a cost involved. The developer would have to purchase the part of the road that they wanted to build on. This cost was yet to be determined and apparently can take anywhere between twelve to eighteen months to finalise. So...obviously the developer went ahead with their plans to subdivide the land and when the DPI got back to them with the price that they wanted for the purchase of the section of road, the developers refused the price and did not wish to continue with the purchase of the land.
To sum it all up, the solicitors said that since the developer at no point in time actually owned the land (the section of the road) nor were they ever entitled to own it, that the contracts for the land that they sold were void.
"What the frack?" you ask?
Yes. How in any reasonable world can the developer sell land that doesn't belong to them? Land that they're not entitled to own?
It would be like me agreeing to sell a car to you. Then a week later I tell you that I can't sell you the car because it belongs to my Mum and she's changed her mind and doesn't want to part with it. Then another week later you find out that my Mum wanted me to buy it off her for more than what you had agreed to pay me for it. So as to avoid making a loss, I told you we couldn't go ahead with the sale.
How is that fair to you?? Especially if the loan you applied for expired a week after I told you you could have the car? If you had known that
1) the car belonged to my Mum, and
2) I had to first negotiate a price with her to buy it from her before I could sell it to you,
you would have most likely gone elsewhere to buy a car if there were time constraints involved with getting the loan.
Right now my builder is waiting to hear back from the State Revenue Board after pleading my case (as well as another client of his) in an attempt to try to secure our full FHOG. He's arguing that we should not lose $7K of the grant because we did everything that was required of us and it was due to the developer's actions that we are now having to submit a new builders contract that falls outside the due date for the $21K grant.
I intend to seek legal advice as to what compensation I can get from the developer. Or even the real estate agents.
Three words...
DUTY OF DISCLOSURE.
It's difficult to muster up excitement nowadays about the house ordeal. I feel like someone's sucking the air out of the room a little more each day.
I went to see my finance broker early last week to reaccess my financial position and to determine whether or not I would have to submit a new Keystart application. My broker had managed to get his hands on a letter from the developer's solicitors that paints a different picture to what I've been told.
The letter basically says that the developer had applied to purchase the part of the road that they intended to build upon. The Department of Planning and Infrastructure (DPI) had given them approval but there would be a cost involved. The developer would have to purchase the part of the road that they wanted to build on. This cost was yet to be determined and apparently can take anywhere between twelve to eighteen months to finalise. So...obviously the developer went ahead with their plans to subdivide the land and when the DPI got back to them with the price that they wanted for the purchase of the section of road, the developers refused the price and did not wish to continue with the purchase of the land.
To sum it all up, the solicitors said that since the developer at no point in time actually owned the land (the section of the road) nor were they ever entitled to own it, that the contracts for the land that they sold were void.
"What the frack?" you ask?
Yes. How in any reasonable world can the developer sell land that doesn't belong to them? Land that they're not entitled to own?
It would be like me agreeing to sell a car to you. Then a week later I tell you that I can't sell you the car because it belongs to my Mum and she's changed her mind and doesn't want to part with it. Then another week later you find out that my Mum wanted me to buy it off her for more than what you had agreed to pay me for it. So as to avoid making a loss, I told you we couldn't go ahead with the sale.
How is that fair to you?? Especially if the loan you applied for expired a week after I told you you could have the car? If you had known that
1) the car belonged to my Mum, and
2) I had to first negotiate a price with her to buy it from her before I could sell it to you,
you would have most likely gone elsewhere to buy a car if there were time constraints involved with getting the loan.
Right now my builder is waiting to hear back from the State Revenue Board after pleading my case (as well as another client of his) in an attempt to try to secure our full FHOG. He's arguing that we should not lose $7K of the grant because we did everything that was required of us and it was due to the developer's actions that we are now having to submit a new builders contract that falls outside the due date for the $21K grant.
I intend to seek legal advice as to what compensation I can get from the developer. Or even the real estate agents.
Three words...
DUTY OF DISCLOSURE.
and now we wait...again.
Sunday 15th November '09
I took Thursday off work because I needed some time to process what's happened and to try to figure out a solution. I met with my builder to have a look at an alternative block of land in the stage selling next to the one I was buying. The dimensions are slightly different but my house design will still fit on it. However, it needs to have rear garage access. My builder's already drafted up a new design to cater for this change, but there will be additional costs involved for the redesign and for materials.
Then there's the cost of this block of land. It's $6K more than the other block. I spoke to the developer on Thursday. He explained to me the situation, and he then listened to mine. He sounds like he's prepared to take a lower than usual offer on this block, but I need to wait until tomorrow to find out if he's going to accept the offer I made. $10K below asking price.
So you're all wondering what the frack happened?
Basically, there is a gazetted road passing through the strata block in the stage release that I was purchasing in. The developers have to go through various applications and obtain several clearances at different stages in order to finally get to a point where the relevant authorities (I believe the council) will release titles for each property. Well, they went and got all the clearances and proceeded until the last clearance they needed - and the council knocked back their proposed subdivision plans for the land. There is a gazetted road there, and so legally no houses can be built on that land. And the council refuses to 'ungazette' this road. I don't know what the correct terminologies are, but basically the developers have changed part of the road (that is supposed to be there) into a park and blocks of land for residential buildings, but the council won't accept these alterations.
Aargh!!
Anyways...there is nothing the developer can do and there is nothing the buyers can do. Not only did I lose my block, but fifteen other buyers who purchased the other strata blocks, and several green title blocks on the far end of the strata blocks will also lose their blocks of land.
And there is nothing we can do about it.
It's tempting to call up 'Today Tonight' or "A Current Affair" to see if we can mount some pressure on the council to change their minds.
One more night of restless sleep until I find out if my Plan B will work.
I took Thursday off work because I needed some time to process what's happened and to try to figure out a solution. I met with my builder to have a look at an alternative block of land in the stage selling next to the one I was buying. The dimensions are slightly different but my house design will still fit on it. However, it needs to have rear garage access. My builder's already drafted up a new design to cater for this change, but there will be additional costs involved for the redesign and for materials.
Then there's the cost of this block of land. It's $6K more than the other block. I spoke to the developer on Thursday. He explained to me the situation, and he then listened to mine. He sounds like he's prepared to take a lower than usual offer on this block, but I need to wait until tomorrow to find out if he's going to accept the offer I made. $10K below asking price.
So you're all wondering what the frack happened?
Basically, there is a gazetted road passing through the strata block in the stage release that I was purchasing in. The developers have to go through various applications and obtain several clearances at different stages in order to finally get to a point where the relevant authorities (I believe the council) will release titles for each property. Well, they went and got all the clearances and proceeded until the last clearance they needed - and the council knocked back their proposed subdivision plans for the land. There is a gazetted road there, and so legally no houses can be built on that land. And the council refuses to 'ungazette' this road. I don't know what the correct terminologies are, but basically the developers have changed part of the road (that is supposed to be there) into a park and blocks of land for residential buildings, but the council won't accept these alterations.
Aargh!!
Anyways...there is nothing the developer can do and there is nothing the buyers can do. Not only did I lose my block, but fifteen other buyers who purchased the other strata blocks, and several green title blocks on the far end of the strata blocks will also lose their blocks of land.
And there is nothing we can do about it.
It's tempting to call up 'Today Tonight' or "A Current Affair" to see if we can mount some pressure on the council to change their minds.
One more night of restless sleep until I find out if my Plan B will work.
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