Post-completion problems

We completed on our property in August 2008, and due to one thing and another we have been unable to use it. We have a local manager who discovered in January that the air-con was faulty, and investigation revealed it was not actually connected. This seems to be due to the fact that the control module is missing.

We have tried to contact the developers a number of times to address this problem, but we have had no response whatsoever. Is there anything we can do to get this resolved, as we have some bookings over the peak season, and the air-con will be essential for guest comfort?

Hi,

theoretically the air-con should be functional if it is agreed so in the purchase contract, and the developer is liable for that by contract law. However, the producer of the air co should also have a guarantee which would cover any defects others than the installation. Finally, if there was an installer (outsourcing), they are liable for the installation as well.

Our suggestion would be to request IN WRITING and THROUGH BUROFAX that the Developer either repairs the air co installation or at least that they give you the details of the installer and the producer's guarantee. If you do not do this, all your calls etc will simply be nearly useless.

Finally, in your case the typical defence from the developer, installer and producer would be saying that the defect has been caused by you, or by misuse, etc. Please try to involve someone skilled in the installation of such systems so that he can attest if necessary at court where the problem lies.