Devastated newlyweds told their home 'was no longer theirs' while on honeymoon
A Melbourne couple were busy planning their happily ever while on honeymoon in Italy when they heard the home they bought two years ago was no longer theirs.
After months of building setbacks, newlyweds Edward Roberts, 32, and partner Jade Walker, 26, were excited about moving into their new home as husband and wife when they returned from their holiday.
But after two years of building setbacks and just days before they were due to move in, the pair was told their contract had been terminated due to a time limit clause.
They say they bought the two-bedroom Croydon apartment off the plan in June 2015, after developer company C24 Pty Ltd, promised it would be completed by September that year.
Mr Roberts told 7 News Online his $399,000 property was one of the last units in the first stage of the development to sell, so it came with a $15,000 stamp duty discount to entice buyers.
The police academy graduate said every three months the developer would have an excuse as to why builders needed more time.
According to Mr Roberts, his last contact with development company confirmed settlement would be this month and the pair left on their honeymoon.
The couple hoped to live in the home before their July 1 wedding, but conceded they had waited so long already, a few more weeks was nothing.
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On August 3, just days before they were due to move in, the couple said they were “devastated” to learn their contract had been terminated and the home was no longer theirs.
“This is the worst thing we have had to go through,” Mr Roberts told 7 News Online.
“We found out on day one of the honeymoon. We looked forward to moving in after the wedding. We thought this is the best time of our life, and we’ll fly home and move into our own home after it.
“[The news] put a sour taste in our mouth for the rest of the honeymoon.”
Mr Roberts said the developer claims the contract was no longer valid under a clause dubbed the “sunset clawback”, which negated the sale after 24 months of the home not being registered.
“They’ve said they are terminating because they couldn’t get the build done in time,” he said.
Under this clause, developers can take a deposit of a property purchased off the plan and hold it for a lengthy period while construction is underway, then rescind the sale and put the property back on the market to resell for a higher price.
NSW laws changed in 2015 to protect buyers from falling victim to the clause, and Mr Roberts is pushing for Victorian legistaltion to follow suit.
The first-home buyer said the clause the developer had referenced was “ambiguously worded” and also stipulated the builder must make every effort to complete the property in the set timeframe – which Mr Roberts claims was not fulfilled.
“I was in disbelief. I didn’t think it was possible, I didn’t think someone could do it,” he said.
“I was in disbelief for two reasons – firstly because I felt the last two years had been a waste, and second because we’d taken advice off a mortgage broker who recommended a conveyancer to look over the contract.
“We’ve basically put our life on hold to move here.
“For the last two years we thought once we moved into the new house we can start saving… put tenants in and use the equity to get a bigger place. We don’t know what we’re going to do now.”
Mr Roberts said he received a text from his real estate agent while in Milan, telling him he’d been advised to put his ground floor property back on the market for $470,000 because the original buyer had reportedly accepted the termination of sale. However, Mr Roberts told Seven News Online he made no such acceptance.
“We just want the property for the price we paid for it. It’s already been delayed 20 months – we just want to move into it,” Mr Roberts said.
He said his deposit had not yet been refunded or told what would happen next, so Mr Roberts and Ms Walker have hired lawyer Michael Fox, of McInnes Wilson, to represent them.
Two bedroom apartments in the Croydon development are currently listed for sale from $460,000.
Developer company C24 Pty Ltd has not responded to requests from 7 News Online for comment.
