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New homes and consumer rights England and Australia compared

New homes and consumer rights England and Australia compared Purpose The purpose of this paper is to contrast consumer laws in England and Australia in relation to residential building projects, and considers how the laws of England may be improved in light of the Australian laws.Designmethodologyapproach The paper reviews consumer laws in both England and Australia, and examines the measures that are in place or not to protect consumers who engage builders or purchase a home that contains latent defects.Findings After comparing the laws of the two countries, the conclusion is made that English law could be improved by imposing regulations on builders, including by mandating the use of written contracts for building work which are required to contain particular terms, requiring builders to be licensed and insured, and by introducing a consumerfriendly form of dispute resolution for home building disputes.Practical implications The paper recommends that there be law reform in England.Originalityvalue The paper provides so far as the authors are aware the first comparison of English and Australian consumer laws in relation to residential building work. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Journal of Law in the Built Environment Emerald Publishing

New homes and consumer rights England and Australia compared

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Publisher
Emerald Publishing
Copyright
Copyright © Emerald Group Publishing Limited
ISSN
1756-1450
DOI
10.1108/17561451111178461
Publisher site
See Article on Publisher Site

Abstract

Purpose The purpose of this paper is to contrast consumer laws in England and Australia in relation to residential building projects, and considers how the laws of England may be improved in light of the Australian laws.Designmethodologyapproach The paper reviews consumer laws in both England and Australia, and examines the measures that are in place or not to protect consumers who engage builders or purchase a home that contains latent defects.Findings After comparing the laws of the two countries, the conclusion is made that English law could be improved by imposing regulations on builders, including by mandating the use of written contracts for building work which are required to contain particular terms, requiring builders to be licensed and insured, and by introducing a consumerfriendly form of dispute resolution for home building disputes.Practical implications The paper recommends that there be law reform in England.Originalityvalue The paper provides so far as the authors are aware the first comparison of English and Australian consumer laws in relation to residential building work.

Journal

International Journal of Law in the Built EnvironmentEmerald Publishing

Published: Oct 4, 2011

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