News

Fair Trading weighs in on dispute

AS LETTERS of support for Rick Fischer and GJ Gardner Homes Grafton continue to pour in to the Daily Examiner, the NSW Office of Fair Trading has weighed in to the public debate.

Fair Trading has been accused of inefficiency and a failure to assist home owners who find themselves in dispute with their builder or tradesman.

"Fair Trading cannot comment on the private details of individual consumers' complaints," a Fair Trading spokesman said.

However, the spokesman also noted that in some cases the consumers had sought external legal advice and taken separate court action which has added to the time taken to resolve the complaint.

"There are factors that sometimes arise in these kinds of situations that can make a dispute more complicated and harder to resolve. If consumers terminate their contract with the builder, Fair Trading is no longer able to assist as there is no longer a contract that Fair Trading can help to enforce.

"If the consumer has met their responsibilities but the trader has not met their responsibilities then it can be straightforward to issue rectification orders or take other action to require the trader to do the right thing. If however the consumer also breaches their responsibilities this can make the dispute more complicated."

"For example, if consumers fail to make payments to traders that are under their contact, or if consumers take early possession of the house without agreement and lock out the builder that can also complicate matters."

The spokesman also said that the number of complaints against Fischer Built P/L were not out of the ordinary, considering the number of homes built by the franchise each year.

"Of the current eight matters involving the builder, orders have been issued by Fair Trading in three matters. The orders have been complied with by the builder in two of those three matters. In the other matter the order was not complied with and the consumer took the matter to the CTTT."

According to Fair Trading, most of the current matters involving Fischer Built P/L have taken longer than to resolve than the benchmark 30 days because the matters have mostly progressed from being a complaint to becoming a full-blown dispute.

In terms of the ability of Fair Trading to legally enforce orders, the spokesman said, "Fair Trading has significant powers to assist in resolving disputes and legally enforceable powers to require traders to rectify defects."

If the period for rectification of work under a Rectification Order has expired and the contractor has failed to carry out work as provided in the order, the home owner can lodge a building claim with the Tribunal which may make a binding determination.

"If the contractor fails to comply with an Order of the Tribunal or fails to comply with a Rectification Order this constitutes 'misconduct' under the Home Building Act."

Topics:  gj gardner homes grafton nsw fair trading rick fischer



A fur go for this local icon

Bright sparks help panicked koala up a power pole

Scammers strike more often than hackers: IT specialist

SCAM ALERT: Australia Post published this fake email on its website on January, 11, 2017, warning people its a scam and not to click or past the link into your internet browser. 'Delete the email immediately'.

"Everything locks up; then a ransom note comes up."

Eight saved in mass rescue at Pippi Beach

Red and yellow beach flag at Mooloolaba Beach. Photo:Warren Lynam / Sunshine Coast Daily

Lifeguards performed "impressive" rescue Tuesday morning

Local Partners

Baird will be 'sorely missed'

Member for Clarence Chris Gulaptis says the Clarence Valley has benefited from Mike Baird's time as Premier.


5 things to do this weekend

Lower Clarence Relay for Life Swim

Looking for something to do this weekend?

Puppetry of the Penis secrets revealed ahead of show

The famed Puppetry of the Penis is coming to the Sunshine Coast for shows in Noosa and Caloundra.

WARNING: This interview contains adult themes and traces of nuts

Artist program to link to gallery theme

VALUABLE STINT: Indigenous artist Karla Dickens at work in Grafton Regional Gallery's studio during her 2010 artist's residency.

Gallery encouraging indigenous artists to take up residency offer

J.K. Rowling writes through severe back pain

An aching back couldn't stop J.K. Rowling catching inspiration

Elsa voice actor's son hates Frozen

Idina Menzel's son "hates" his mother's most famous film 'Frozen'

Chrissy Teigen likes her "soft" stretch marks

Stretch marks are no problem for Chrissy Teigen

Naomie Harris in the dark over Daniel Craig's future as 007

Naomie Harris has no idea if Daniel Craig will be returning as 007

REVIEW: Will Kasey Chambers' Dragonfly take off with fans?

Kasey Chambers’ new album Dragonfly gets 3.5 stars from Cameron Adams.

CHAMBERS is back with her 11th studio album.

Ed Sheeran wants Beyonce collaboration

Ed Sheeran wants to record a duet with Beyoncé.

Thousands of jobs part of $1b retirement village project

THIS YEAR: An artist impression of the new Aveo retirement village in Springfield.

Aveo Springfield unveiled this month, homes ready by July

Rates safe from land value hike

DRIVING GROWTH: The Pacific Highway upgrade has been linked to improved land values.

Figures up in latest valuer-general report

KNIFE-EDGE: The housing tightrope we now face

Even the smallest interest rate rise will be hard for some to handle.

One if five home owners at risk, according to new analysis

Historical home leaves family's hands after 75 years

SALE CONFIRMED: The Gympie Regional   Realty team which sold the Ramsey property are (back) Mel Gastigar, Dorothy Palmer and Margaret Cochrane, with (front) home seller Terri-Jayne Ramsey.

Ramsey family played a huge role in Gympie's growth.

Pat Rafter's $18m Coast home proves hot property

PAT'S PAD: The Sunshine Beach home of tennis ace Pat rafter is on the market for a record price.

"It's a record for our company and for the Sunshine Coast.''

Ready to SELL your property?

Post Your Ad Here!