我们找好了Builder,对floor plan也基本修改的差不多了,我们买的地本来是预计是年底settlement,builder上个月催我们签合同,可是我们因为在申请银行贷款pre approval,就推迟了签合同,接着收到vendor律师通知明年4月settlement.今天又收到Builder的通知,叫我们签一个Preliminary Works Agrees,
We have a PWA (Preliminary Works Agreement) executed which allows us to continue the approvals and colours processes right through to CDC/DA approval.
· The Home Building Act permits Builders to charge up to 10% of the contract value at the contract signing however on execution of the PWA we request the balance of $25,000 (being $25,000 less all previous payments made to ANSA) to complete the pre-construction obligations.
· The client during this time will be able to complete all Colour and Vendor consultations and once CDC/DA is received and all consultations are complete the Contract Tender is then prepared for the client to submit to their Lending Authority to obtain the LACC (Letter of Authority to Commence Construction).
· Reason for the PWA is that the Home Building Act does not permit builders to sign a Building Contract without providing a Home Owners Warranty certificate however this certificate is obtained on request of the Construction certificate which is right before construction commencement on site being some time later.
请问现在签这个PWA是不是太早了,Vendor现在还不给Builder进去做contour survey和soil test,说是12月初才可以进去做。明年4月settlement以后才可以开始建房。如果我们现在签字的话,万一以后有什么差池,例如贷款不能批,或者别的原因而导致房子盖不起来,我们会损失交给builder的这2万5么?
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刚才上网查了一下, Preliminary Agreement (PA), or Preparation of Plans Agreement, is a common document used by builders dealing with clients in the early stages of building a new home.
These agreements do not involve building work and are preparatory to entering a building contract. Some common features are:
the consumer is committed to paying a “deposit”, related to the cost of a home described in the document.
“this “deposit” is usually not refundable if the building contract does not eventuate.
A price for house construction is quoted.
You should note that this document only refers to a contract to draw up building plans. Only when a building contract is signed will both parties be committed to a price and a specific building product. Where there are delays in drawing up plans the period during which prices are held firm by the building company may have expired. Building costs may have increased in the meantime and buyers who signed a PA may receive a shock when a higher price is quoted to them at building contract stage.
Preliminary agreements serve consumers by allowing them to obtain plans and a price so as to allow then to make a decision on whether to progress to a building contract. A consumer is not obliged to do so but would face financial loss of their “deposit” or more if they fail to proceed to a building contract. Note than when the building plans are prepared they usually remain the property of the builder. If you decide not to proceed to build the builder may offer to sell the plans to you, or may wish to retain them himself.
如果签字的话而没有让Builder建房,就会失去$25000。看样子现在还不能签。
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盖房一般都是这样两步走的。前期工作做完,builder才能给出具体的盖房预算和合同。如果对后续合同不满意,也可以不找这个builder盖。
只不过这个25000有点儿贵了。一般也就是10k上下。
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谢谢!那么如果直接签了合同也不能换Builder了吧?
不过我们找的Builder是小公司,Sales很好,还免费送了home alarm system,修改一些floor plan的时候还居然给我们credit,和之前去Wisdom Homes还有一些其他的Builder,算是很好的,我们根本没有打算换去别家的Builder.
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最后,什么结果?签了没 ?
我现在也遇到类似的问题,也是builder want sign the PWA.
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我觉得要签中文签名
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