Sunday News

Power plays shut Auckland buyer out of her first home

- SUSAN EDMUNDS

A first-home buyer has been left disappoint­ed after Housing New Zealand, now called Ka¯ inga Ora, bought out the apartment developmen­t she was purchasing a unit in.

The woman, who did not want to be identified, signed an agreement to buy a one-bedroom apartment in the Onehunga Bay Terrace Developmen­t, being built by Avanda.

She paid a 10 per cent deposit, of $54,200, at the start of August last year.

But in November she was told by real estate agents selling the developmen­t that the developer had entered into a conditiona­l agreement with Ka¯ inga Ora for it to buy the unsold units in the developmen­t.

She said she was told if that happened she would be given the chance to cancel. She said she requested more informatio­n through her lawyer but was told there was no requiremen­t to tell her anything further.

On January 16, she was sent a deed of cancellati­on by the developer, cancelling her agreement. She was told she would get her deposit back, plus the expenses she incurred in the deal, such as legal fees and the cost of a valuation.

‘‘Since receiving the initial email to notify me about the potential purchase by HNZ I have felt totally powerless. I had been dreaming of evenings spent at my new home with my friends and family and planning in great detail how I’d decorate my first home.

‘‘I understand there were people that had bought in the developmen­t that had planned for these homes to be their ‘forever home’ and can only imagine how heartbreak­ing this process has been for them – I had purchased a one-bed apartment so it felt more of a starter home for me, although a beautiful one at that, the first time I went through the apartment I cried that I’d be able to live somewhere so nice.

‘‘At any point had I cancelled this agreement I would have lost my deposit. I understand there are risks associated with buying property and especially off the plans but I don’t understand how we have developers that can act in such bad faith yet are totally within the Property Act, and I as a purchaser am powerless.’’

She did not challenge the deed of cancellati­on but it seemed the options were to agree or to move into what was essentiall­y a state housing developmen­t.

Ka¯ inga Ora confirmed it had bought all the units in the developmen­t.

‘‘Purchasers all purchased these properties in good faith and the developers have pursued an agreement with HNZ which they knew would have a considerab­le impact on those that had purchased property,’’ the buyer said. ‘‘Our money was good enough for Avanda until they found a better offer.’’

She said the whole process had been difficult and stressful and her money had been tied up for seven months.

Avanda has been contacted for comment.

Lawyer Thomas Biss said the developer should not have been able to cancel a contract unilateral­ly unless there was a specific clause that allowed them to do so.

‘‘But developers often do have all sorts of clauses in their agreements.’’

‘‘The first time I went through the apartment I cried that I’d be able to live somewhere so nice.’’

 ??  ?? A woman who had expected to move into the Onehunga Bay Terrace Developmen­t had visualised hosting social events, and decoration plans, only to be sidelined by a deal struck behind her back.
A woman who had expected to move into the Onehunga Bay Terrace Developmen­t had visualised hosting social events, and decoration plans, only to be sidelined by a deal struck behind her back.

Newspapers in English

Newspapers from New Zealand