VIC canceling a building contract

[Rina108]

Hello,
I have signed a building contract in jan 2020. Now my loan is not getting approved and after all I am not at all happy with the builder work as he built another house and took long time. Now I am asking to cancel the contract he is telling he will not cancel, he will give me 3 months time to arrange my loan otherwise he will not refund my deposit. They have done soil test, drafting and engineering, I am happy to pay for that.
I signed the contract for 270k . Later we negotiated and he came down to 255k. he send me the revised contract I have not signed. but he Got the insurance policy with vmia for 255k. In this situation can teh contract is valid? Is there any terms and condition there where the builder will give 3 months time otherwise we loose our deposit?

The person is dealing with me he is borrowing the licence of the another builder and building. In the contract is signed between the licence holder and me but in contract the builder has not signed , the third party has signed on behalf of builder who is not a director of the company. Is it legal or a breach?

Also I have a question in a building contract director registration number should be there or company registration number should be there? in our contract in page number 33 th ere is licence number which is DBU NUMBER but it is written CBD-U-dbu number rather than DBU-dbu number. Is it considered a fake contract?

If anyone can help it will be very much helpful at this stressful Situation.

 

[kingsizexx]

Hello,
I have signed a building contract in jan 2020. Now my loan is not getting approved and after all I am not at all happy with the builder work as he built another house and took long time. Now I am asking to cancel the contract he is telling he will not cancel, he will give me 3 months time to arrange my loan otherwise he will not refund my deposit. They have done soil test, drafting and engineering, I am happy to pay for that.
I signed the contract for 270k . Later we negotiated and he came down to 255k. he send me the revised contract I have not signed. but he Got the insurance policy with vmia for 255k. In this situation can teh contract is valid? Is there any terms and condition there where the builder will give 3 months time otherwise we loose our deposit?

The person is dealing with me he is borrowing the licence of the another builder and building. In the contract is signed between the licence holder and me but in contract the builder has not signed , the third party has signed on behalf of builder who is not a director of the company. Is it legal or a breach?

Also I have a question in a building contract director registration number should be there or company registration number should be there? in our contract in page number 33 th ere is licence number which is DBU NUMBER but it is written CBD-U-dbu number rather than DBU-dbu number. Is it considered a fake contract?

If anyone can help it will be very much helpful at this stressful Situation.

Just be careful to deal with a licensed person, don't get hooked by strangers, unless you have much money to deal with consequences

 

[kingsizexx]

Interesting, the builders usually don't negotiate with you so much, they are pretty straight and tell you the price, and if you can't afford that they just will drop it for you, without any unnecessary negotiations. Like when I was building my house with arch10.com.au builders I couldn't afford some materials, in a sum of 5K i think, that was the difference from the price, and they just automatically dropped it from the price without even bothering. It's a matter of persons you are dealing with, so probably you should find some diplomatic builders, who won't behave like money-hungry kinds in such sittuations.