ED Magedson – Founder
Joe Purger and Jasmine Purgar205 Delaware Road Horsley Park, NSW, Select State/Province Australia
Joe Purgar and Jasmine Purgar (PALM HOMES PTY LTD) are LIARS and CRIMINALS - Horsley Park, New South Wales
Joe Purgar, and his wife Jasmine Purgar, from Palm Homes Pty Ltd, Horsley Park (ABN 16 057 604 181) are the last two people on this earth that you’d want to hire to build your house. These people lie out of their asses and falsify government documents in order to avoid paying tax. They also fraudulently submit government documents to take possession of part of an owner’s land on illegal grounds because they believe that they are owed money.
Jasmine Purgar, is abusive and unprofessional and will try extracting money from you illegally by charging you for items that have already been paid for, and also by getting you to pay for items that are the builder's responsibility. [continued below]....
I’ve spoken to a few other people who have been ripped off by Joe and Jasmine Purgar and they all say the same thing. I even received a call by a guy who had his home built by Palm Homes to warn me not to deal with them. It’s been two years since Joe completed the building of his house and he still hasn’t fixed all the problems with it, and I doubt that he ever will based on what I’ve seen from him so far. I signed a contract with Joe Purgar in 2011 and two years later I’m still dealing with his bullshit. I was even stupid enough to invite him into my house one night to settle matters and he threw a tantrum, stormed out and slammed my front door. When you deal with Joe and Jasmine Purgar, just know that you’re not dealing with grown adults but dysfunctional children with a mental problem.
This rip off report is going to be extremely long and I will continue to add to it since I’m still dealing with these people. This is what I’ve been dealing with so far:
FALSE AND MISLEADING CLAIMS - ILLEGAL CONTRACTS (FRAUD)
Palm Homes fraudulently stated that the amount of money I paid for my house was $265,210.30 on the Consumer, Trader and Tenancy Tribunal application which is a crime according to the NSW Crimes Act 1900 (Section 307A). He also drew up two separate building contracts (one for $285,000 and the other for $325,000) in order to avoid paying government taxes because I paid him a $40,000 cash deposit which he refuses to declare. He also demanded that I pay cash on two other contract variation payments because he verbally told me that he does not want to pay tax. Total payments made in cash were $48,600.
1. The Fair Trading site states that, "Making false or misleading representations is an offence. The maximum fine is $220,000 for an individual and $1.1 million for a body corporate. Criminal penalties for the same amount apply.
2. The NSW Law Handbook states that "the courts will not enforce contracts that are illegal. Examples are:
- contracts to commit:
a) a crime
b) a civil wrong
c) a fraud on a third person
- contracts to fraudulently avoid paying government taxes and charges"
Both the contracts are illegal, therefore void. The contract for $285,000 is incomplete and signatures are missing on some pages. Next to the $14,250 Joe claimed that I paid for the deposit in Schedule 1, item 4(b) he wrote "$40,000" which is the correct amount, and then used liquid paper to erase it. On the $325,000 contract Joe wrote that the total deposit was $25,750 which is also a lie. The receipt which he issued me for the actual deposit paid states $40,000.
Joe Purgar deceived me by getting me to pay for items that were his responsibility to pay for, drawing up two contracts, lying about how much money I've paid him, lying to the CTTT about how much money I've paid him, and lying throughout the entire period I've had to deal with him and his wife, Jasmine Purgar, starting from the date I signed the contract on the 23rd of December, 2011.
Joe Purgar verbally told me that the house will be completed in "4-5 months" but did not write this date in the contract under Schedule 1, item 12 because he knew the house wouldn't be finished on time and he didn't want to pay interest. Building commenced in January 2012 and was supposed to be completed by the end of May. Joe Purgar uses the excuse that it was "raining" and this is the reason building was delayed but this is a lie because it wasn't raining every day for months on end. Every time I drove past the house to check to see if he was working on it he wasn't there and then when I called to ask him where he was he used to tell me that he was at Callala Bay, most likely working on his own holiday house.
There was another house that was being built around the corner from mine that was two storey (mine is only single) and that commenced being built after Joe started mine and was completed before mine was. I was paying $400 rent per week at the time while I waited for the house to be completed. When it wasn't completed in the time promised I told Joe that I was going to move into the house to prevent making further unnecessary rent payments and in turn save him from paying me back for all the rent I've paid for every week over his promised completion date. I finally moved into the house in early November 2012 because I could not wait any longer and I did not want to continue paying rent and told him that he can complete what was left to be done in the house while I was living in there. Total rent paid past the promised completion date is $8,400 for 21 weeks (June to October).
OTHER CONTRACT BREACHES
1. Joe and Jasmine Purgar demanded and received $350,963.12 worth of payments from me without issuing me with a warranty certificate as stated in the notes section of Schedule 1, item 4(a) and also in Attachment A, item 4:
"The contractor must provide the owner with a certificate of home warranty insurance (for work over $12,000) before commencement of work and before demanding or receiving any payment."
2. Joe and Jasmine Purgar didn't state an allowance next to each prime cost item on either the "Schedule of Finishes and Inclusions" or "Tender" which states a third contract price of $331,130. Clause 21.4 states that "each prime cost item must have an allowance stated next to it.” The allowance is the estimated price to supply the item and does not include an amount for the builder's margin." The law also states that “builders are required to provide consumers with copies of any invoices, receipts or other documents that show the cost to the builder of any prime cost item or provisional sum."
I've upgraded the majority of items in my house because Joe Purgar selected everything himself (as listed in his "Schedule of Finishes and Inclusions" which I ignorantly initialed without checking) and I wasn't happy with the quality. Joe never sat down with me and showed me the fittings and appliances he chose and rushed through the whole contract signing process, grabbed his $40,000 cash deposit and ran. I spoke to Dionne Charters from Fair Trading and she told me that builders can only add 20% on top of the price of an upgraded item. Joe told me that he wasn't going to charge me anything apart from the price difference of the upgraded items and then when I asked him to provide invoices to prove it he laughed and said, "no way". Still to this day he refuses to provide me with invoices showing his cost and says that "my price is not your price" which obviously means that he's overcharging me exorbitantly.
TAX INVOICE - 30TH JANUARY, 2013
Joe Purgar and Jasmine Purgar issued me with another invoice on the 30th of January, 2013 which includes items that he verbally told me that he wasn't going to charge me for, items that were installed incorrectly, and extra items he is adding over one year after the plumbing has already been installed in my house:
1. Extra for shower - rose out of ceiling, ensuite ($150) - I told Joe Purgar that I wanted a rainwater shower head installed in both the main bathroom and the ensuite and he went ahead and installed the plumbing for an overhead shower head only in the main bathroom, even though I emailed him the shower head product name and item code and told him that I wanted the same one installed in both rooms. He is now trying to charge me to fix his mistake and extort another $150 from me for work that was completed over a year ago (I was billed for the plumbing on 23rd February, 2012).
2. Installing fridge water point ($100) – Joe Purgar verbally told me that he wouldn't charge me for this and again, the plumbing for the house was completed in February of 2012 so there is no reason for billing me for this 13 months later besides the fact that he is trying to extort more money from me.
3. Removal of pedestal in toilet and block off water pipes ($150) – Joe Purgar verbally told me that he wouldn't charge me for this after I told him that he can keep the pedestal basin and tapware when he removed it. After removing the items he deducted $391.70 from his invoice dated 12th October, 2012 to pay for the basin and tapware. Total paid $3,144.12 instead of $3,535.82.
4. Extra for colour hands free intercom ($500) – Joe and Jasmine Purgar are trying to double charge me for something that I already paid for on the 18th of June plus extort another $100 on top of that.
5. Concrete for around the house ($6,400) - I'm not paying for this because I wanted coloured concrete laid around the house ("Onyx 21" colour by CCS like I requested for the driveway) and not standard concrete with a cheap sealer overlay.
THINGS THAT STILL NEED TO BE FIXED
- wiring problem which is causing lights to flicker in main bedroom and living room. The lights have been replaced so it's not the lights that are the problem as Chris Nicholson from Fair Trading states, it's the wiring.
- house needs to be repainted in the Dulux color I requested (“white on white”). Joe Purgar hired a painter that painted my house in colors I did not request using Taubmans paint.
- concrete driveway and path around the house needs to be redone in the color that I requested.
- shower hose attachment in main bathroom which was damaged during installation and needs to be replaced.
- water is not draining fluently in ensuite vanity.
DOCUMENTS STILL NEEDED
- Invoices for prime cost items and upgraded variation items - [Clause 21.4] "Each prime cost item must have an allowance stated next to it. The allowance is the estimated price to supply the item and does not include an amount for the builder's margin."
The law states:
“Builders are required to provide consumers with copies of any invoices, receipts or other documents that show the cost to the builder of any prime cost item or provisional sum.”
I would like to see the prices for both the prime cost and upgraded items so I can work out the difference between the two and see if Joe Purgar overcharged me and added more than a 20% margin. If so, I will be claiming the cost of these items as well. Dionne Charters from Fair Trading told me that he is required, by law, to provide invoices for the upgraded variation items.
- "The following items will be available to the Owner upon completion of the dwelling"
(as stated and signed for in the Tender and that I never received)
- Engineer's structural certificate for concrete slab
- Final survey report
- Pest certificate
- 3 months maintenance agreement
- Full 7 year structural certificate
MONEY I AM CLAIMING
Repainting of exterior - $650
Joe splashed concrete all over the exterior paintwork when laying down the path around the house and refused to repaint it so I had to organise a painter to do it for me.
Overpayment for driveway - $5,000
Joe told me that this charge, which I was invoiced for on the 29th of October, 2012, was to lay down the remaining 32% (3.37m x 4.7m) of my driveway because the contract price only included "half a driveway" (actual driveway size is approximately 49 square metres. Allowance is 60 square metres on the "Tender"). He also said that the cost included excavation of the small portion of the existing driveway that the council laid down because he "didn't see" that there was one there when he drove past the block of land back in December 2011 before he typed up the "Tender" on 20th December, 2011. He extorted $5,000 from me for something that he didn't see nearly a year prior and now I am claiming a refund for that money.
The building contract price also included a coloured concrete driveway (i.e. the colour is mixed into the concrete before it is poured) and instead I received a standard concrete driveway with cheap Bluestone sealer slapped on top of it that started cracking after a month. I did not know that he had applied a sealer until the 18th of April, 2013, when I called to ask him what colour concrete he had poured for my driveway (since it was obvious that it wasn't the "Onyx 21" that I had initially requested and that he signed for) because I wanted to buy the matching Dulux paint colour and hire somebody to touch up the parts where the light coloured concrete was showing through. The Residential Vehicle Crossing council application stated that the driveway was to be made from coloured concrete and even stated the colour "Onyx 21" and Concrete Colour System brand on it. Joe Purgar saw and agreed to it because his signature is on the application but then went ahead and still used the cheap Bluestone sealer instead.
The same work was done to the concrete all around the house even though I made it very clear to Joe that I wanted the same coloured concrete as the driveway for this job as well. Joe quoted me $6,400 to pour coloured concrete around the house and he went ahead and poured standard concrete and finished it off with Bluestone sealer once again which also started cracking a month later. At the time I thought he was applying some type of special concrete overlay because I noticed there were two different colours and when I told him that I wanted the concrete all one colour he stated that it would cost me extra again. I also told him that I wanted a smooth concrete finish and not the swirl patterns he was creating with a trowel and he told me that if he made the concrete smooth I would slip and hurt myself, which is not true.
Refund for driveway (remaining 68%) - $10,625 + cost of driveway grate
The refund amount was calculated using the $5,000 price Joe charged me for the remaining 32% of my driveway. Total cost of driveway based on Joe's numbers is $15,625.
Excavating and replacing existing driveway - $8,000
I am also claiming the cost of excavating the driveway and getting a new one poured with coloured concrete. I've called a few places and the estimated average cost is $8,000 to excavate the existing driveway and replace it with a "color through" concrete driveway.
Excavating and replacing concrete path around the house – minimum $6,400
Concrete path was also laid in a color that I did not request.
Gutter replacement on front slanted roof - $250
Joe Purgar installed the wrong colour gutter on the slanted feature roof at the front of my house and verbally told me that he wasn't going to charge me to fix it but then included it on his invoice dated 15th June, 2012.
Cleaner - $160
Joe Purgar told me that he was going to get a cleaner to come clean the house before I moved in but she never showed up so I had to hire one.
Waste removal - $260
I went overseas in January this year for a few months and had to park my car in the garage but couldn't because Joe Purgar left a pallet in there which was stacked with half empty paint cans, tiles, packaging and other bits and pieces of rubbish. He never removed the rubbish from my garage (even though he claims he did) so I had to hire a skip bin to remove it myself before I left to go overseas.
Floor tiling in studio - $168
Tiling allowance was $30 per square metre plus $28 extra for variation which totals $58. Joe Purgar charged me $70 per square metre and said the extra cost is for "cement bedding and labour" even though this cost was already included in the contract price. Overpayment is $12 a square metre (total $168).
Electrical work - $2,286.80
I told Joe Purgar that I wanted "daylight white" downlights in my house because my house is all white on the inside and he had some type of cheap energy saver lights installed that barely lit up the house and give off a yellow colour. He didn't want to pay to fix the mistake so I had to hire an electrician to rip out all the lights and replace them with the correct kind. I am claiming the cost of replacing 40 downlights (these don't include the 12 LED lights that are flickering in the main bedroom and living room), and have opened up another dispute with the electrician to claim the cost of the remaining 18.
Fisher & Paykel canopy rangehood (HC90PCHTX2) - $516
The rangehood was included in the price of the house but I went ahead and bought my own so would like a refund for this.
Shower (tiled recessed niche) - unknown
Job never completed as requested even though it was included in the Schedule of Inclusions.
WC 400 x 900 polish edge mirror - waiting to see invoice for cost
I never had the mirror installed in the WC so would like a refund for that.
WC towel rail - waiting to see invoice for cost
I never had a towel rail installed in the WC so would like a refund for that.
Repainting of the interior of my house - $7,500
Joe Purgar called me to ask me what color I wanted the interior of my house painted in and I said “white on white” by Dulux. He then went ahead and hired a painter that painted it in a different color using Taubmans paint. As a project manager it is his responsibility to check the job which he obviously didn’t.
Rent payments - $8,400
My house was supposed to be completed by the end of May at the latest as stated by Joe Purgar and wasn't so I am claiming 21 weeks' worth of rent payments at $400 a week starting from the 1st of June up until the time I moved into the house (which still hadn't been completed at that point) at the beginning of November, 2012.
Money I overpaid according to the total contract price on the CTTT application - $85,752.82
Joe claimed that I paid only $265,210.30 but in reality I paid $350,963.12.
TOTAL MONEY I AM CLAIMING
$135,968.62 - based on the total contract price of $285,000 that Joe Purgar wrote on the CTTT application, plus cost of items I never had installed and overpayment for upgraded items.
$50,215.80 - based on the fraudulent $325,000 contract, plus cost of items I never had installed and overpayment for upgraded items.
The case is still pending with the Consumer, Trader and Tenancy Tribunal and I'm the one laughing here because the complaint they lodged with them was fraudulent to begin with. Falsifying government documents is illegal and can result in imprisonment so I'm hoping justice is served and Joe and Jasmine Purgar get what they deserve.
Palm Homes Pty Ltd Contractor Licence #: 96103C
This report was posted on Ripoff Report on 07/17/2013 10:58 PM and is a permanent record located here: http://www.ripoffreport.com/reports/joe-purger-and-jasmine-purgar/horsley-park-nsw-select-stateprovince-2175/joe-purgar-and-jasmine-purgar-palm-homes-pty-ltd-are-liars-and-criminals-horsley-park-1067945. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.
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