#3 – The developer changes something about the property
One of the most common complaints is when the developer changes something about the property.
In your contract with the developer, they will have the right to make minor changes.
For example, their property information packs might say the appliances will all be Fisher & Paykel.
But, when it comes to ordering the appliances, none of that particular brand is available. So instead, they buy Miele appliances (an equivalent brand).
The developers need these clauses in the contract so they can make small changes based on:
- What the council tells the builder they have to do (consenting requirements)
- The materials and products that are available (material availability)
Essentially, it gives the developer some wiggle room to make minor amendments to the original contract to get the property built.
All build contracts include these clauses and are industry standard.
For instance, there might be:
- A 5% allowance (roughly) to change the size of a property’s floor plan or land size
- A clause that allows switching of equivalent appliances (e.g. washing machines) because the ones initially planned are sold out or unavailable.
Sometimes investors will get upset when they learn about these modifications, especially if they feel the developer is using a cheaper product or appliance than stated in the contract.
Here at Opes, if there are changes we will let you know as soon as we know about them. And if the developer uses cheaper material, we’ll have frank conversations with them.
We want to do our best for you, so we will advocate heavily on your behalf to ensure materials are equivalents.
But, and this is a big but, we are not the developer. We can’t organise a builder to go on-site and make changes.
We will work with your lawyers to get the best outcome (e.g. a discount from the developer or ask them to put it right).
But, it is essential to remember that your contract (sale and purchase agreement) is with the developer.
Now, having a property investment company like Opes on your side may mean you are more likely to be protected in this event.
The developer will lose financially (in the future), mainly if Opes stops recommending their properties to investors.