Buyers in the troubled Crownview apartments may finally be able to get their deposits back.
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As NSW Building Commissioner David Chandler keeps uncovering more faults in the building on upper Crown Street, a number of residents have been fighting to get their deposits back.
One who had recently had heart surgery travelled to developer Robert Huang's office, showed him the scars in the hope they would help him secure his deposit - it didn't.
Part of the problem has been a clause in buyers contracts that allows Mr Huang to keep extending the sunset date, which serves as a deadline for when owners should be able to move in.
The Mercury is aware of sunset dates being extended twice; the latest date is July 25 this year.
NSW Building Commissioner David Chandler has met with the developer and told the Mercury he had been assured there would be no further sunset date extensions and that buyers can request their money back.
"I'm responding to your ongoing inquiries regarding the prospect of Crownview depositors getting their deposits back," Mr Chandler told the Mercury.
"The developer has recently indicated to me that the existing sunset date is unlikely to be extended and that quite a number of depositors already have their deposits back and others should be able to progressively get them back by the sunset date."
The Mercury is aware of one buyer who has since requested a refund and was asked by the developer to put that request in writing.
Mr Chandler said the issue with the extension of sunset dates showed buyers had to ensure they got good legal advice before signing a contract.
"Purchasers need to do a proper due diligence of the contract conditions before they deposit on an apartment," Mr Chandler said.
"This will involve getting a competent lawyer representing them - especially not using a lawyer provided by the developer - to make sure that there are no unreasonable contract terms that would work against the depositor in the event that projects go into difficult times."