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Our SC have lodged a complaint with NSW fair trading within the two year warranty. Minor defects period ran out on the 20th December 2018 and we lodged the complaint after talking with fair trading and a submission on the 17th December 2018.
Fair trading and the senior building inspector wrote back to us and said that we were out of the minor warranty period and that we would now have to go to NCAT.
The lady at fair trading did however go back to the builder and said the builder told her that we were out of warranty. She then came back to us and said we were out for warranty. Trying to understand why they are saying we are out of warranty.
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A couple of things. Firstly, Fair Trading are notoriously unreliable and it’s pot luck whether you get someone who knows and cares about strata or someone who is as dim and uninformed as the person you spoke to.
Secondly, just because the law says you are entitled to something, doesn’t mean you don’t have to fight for it. If you have lodged your claim within the statutory window, then it is a valid claim, regardless of what the airhead at Fair Trading said.
Finally, Fair Trading can’t issue rulings on anything. They are there to advise and mediate. They will try to get parties to agree but in an ongoing dispute, any independent rulings have to be made by NCAT.
Finally, if it’s any consolation, I’m guessing that you were always going to have to take this builder to NCAT anyway, especially when they are playing fast and loose with the facts.
Start the process by asking for mediation, get all your facts and figures lined up, and go in with the attitude that you are all set to go to NCAT if you don’t get everything you feel you are entitled to. Keep emotion out of it but stay strong.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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