About 2 years ago I was directed to Stonewood regarding some sections which where due to open in Schnapper Rock around 2013/2014. We look after my elderly parents as well as my in laws and my husband works outside Auckland most of the time. We thought to try and build a Home and Income to help with the logistics of handling an extended elderly family. I was told by the developer that Stonewood had booked the Schnapper rock sections (I'm trying to stay in school zone) and that I could work on a land and house package with them. The section size and shape changed a few times but eventually we were told the section we liked had a foreshore which reduced the building site area. Stonewood said that it was an unusually shaped section and would need a custom built house as none of their spec homes would work with that shape. When their architects failed to get back to us we called a private architectural company to give us some pre-purchase advice as we were being pressurise to put down a deposit. The architect did some research and contacted the council and was advised that we could put up a H&I if we built within 10m of the 30m foreshore which was allowed because there was a reserve in front of the section as well. The Stonewood representative was very excited about this development and asked that we put down a deposit as we could now go ahead and work on the concept plans. In all fairness to the architectural company who had done the pre-purchase research we agreed to compromise and get them to do the concept and then Stonewood's own architects would do the line drawings....we asked Stonewood if we were limited in materials but they advised that they could build in any material we preferred. The concepts where drawn and emailed to Stonewood. We set up a meeting with the sales person and architect in what we thought would be the polishing off of the plans and a move toward pricing. At the meeting the director stormed in said our house of 350m2 was too big and would block the views of his sections on either side. He said he refused to build in the foreshore area even if consent was granted and that our design which was based on masonry was not what Stonewood built. He said he was sorry and would refund our deposit or transfer it to a different section and promised to pay the architect for his time and work up to that point. We were crushed - said we need sometime and get back to Stonewood.
...a few days later we said we accepted their offer to pay off the architect and would look at the other sites offered (sections in Albany is scarce). A couple weeks later we forwarded the architects bill on because we were told that Stonewood would have to pay him directly so it a business expense for them. Then came the claim that the director did not expect the concepts to be costing $7000 + GST....
They are now renegating on their promise. 8 weeks on and we have no deposit refund and Stonewood says they will only pay $3500 to the architect. Is this not a breach of promise since they knew we wanted a H&I and knew we would not have purchased had we known that they would not build in the 10m allowance within the foreshore? (agreed this was still to be consented but we were given verbal assurance so where quite confident)
Even the Stonewood salesman at the meeting said he was "thrown under the bus" and did not know Stonewood's (North Shore) director would be so absolute in his decision to NOT build in the foreshore and to not build our H&I. What do I do?
...a few days later we said we accepted their offer to pay off the architect and would look at the other sites offered (sections in Albany is scarce). A couple weeks later we forwarded the architects bill on because we were told that Stonewood would have to pay him directly so it a business expense for them. Then came the claim that the director did not expect the concepts to be costing $7000 + GST....
They are now renegating on their promise. 8 weeks on and we have no deposit refund and Stonewood says they will only pay $3500 to the architect. Is this not a breach of promise since they knew we wanted a H&I and knew we would not have purchased had we known that they would not build in the 10m allowance within the foreshore? (agreed this was still to be consented but we were given verbal assurance so where quite confident)
Even the Stonewood salesman at the meeting said he was "thrown under the bus" and did not know Stonewood's (North Shore) director would be so absolute in his decision to NOT build in the foreshore and to not build our H&I. What do I do?
Comment