bridie

When we bought our block we signed an "Annexure" which basically says:

"Conditional upon the buyer completing the construction of a dwelling in accordance within the Resitrictive Covenants and Development Conditions and Building Guidelines within 18 months from settlement but not otherwise

The seller will

Procure for the buyer the provision of a contractor or contractors nominated by the seller..... etc etc."

Then basically goes on about retic, turf etc.

It also says in another part:

"The seller is responsible for installation of landscaping and reticulation to the front garden as per Annexure"

BUT we dont want their contractors doing it because:

a) they do a crap job using cheapest items
b) they are bloody rude!

So we want our own landscaper to do the work. Are we within our rights to do this or does this Annexure mean we have no choice but to use their contractors?

hoofie2002

If it states that they will procure or nominate the contractors, then you don't have any choice in the matter. If you get your own landscaper to do the work, then I can guarantee you 100% that they won't pay for it. I presume they have nominated firms to do the work - they will want it done as cheaply as possible in order to protect their profit. And if they do it, and its a crap job, you'd have to take them to court and prove that the work wasn't fit for purpose - the legal costs of that would dwarf the cost of the work to start with.

Best advise is to get a lawyer to view the annexure to see if there is manouvering room, but I would imagine the document is pretty watertight.

bridie

In the end (after a load of phoning round) I spoke to the woman who did our conveyancing and she spoke to the developer who basically said we can have who we like do it as long as we pay for it.

So a result