Damaged chorus fibre query

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roderickh

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#281513 22-Feb-2021 14:51

GZ community,

My cousin in law purchased a house recently and after their settlement noted that their ONT had a missing power supply plug. We simply ordered one from chorus for them online.

We didn’t have much involvement if any with their house search and hunt but now that issues are arising and given their lack of English proficiency they asked for our help.

When the plug arrived, we booted the ONT to realise that there was a potential issue with the fibre line - and we suggested getting chorus out to the property to assess issue.

The chorus tech suggests that the fibre line may have been damaged under the concrete driveway and they’ll need to dig up the concrete to repair.

Upon some research, I am led to believe that the Property was a do up flick on sell type and I suspect the driveway was done relatively recently by the last owner/developer/investor.

Their lawyer is also a complete useless ***** who suggested I read up on a recent NZH article and opt for 5G wireless broadband instead of fibre.

Does the cousin in law have any leg to stand on given checking an ONT is not a common DD practise, and that you won’t generally be carrying a non standard power supply plug on open homes or are they s*** out of luck?

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#2661137 22-Feb-2021 15:06

Was it listed as a chattel on the sales agreement? if not you are most likely pushing stuff up the river. If it was, then it needs to be in working order.

wellygary

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#2661138 22-Feb-2021 15:07

Unless Fibre is specified for the property on the sale and purchase agreement, there is probably little recourse...

Dynamic

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#2661171 22-Feb-2021 15:59

Isn't the fibre demarcation point the box attached to the outside of the house? In that case, Chorus would sort a damage issue at no cost?

In any case, I'd suggest getting the ISP involved to get some troubleshooting done. If a quote to repair is required, then you can choose to accept the quote, reject the quote, or if contractor fault is obvious, ask the seller if they can advise who the contractor was so you can try and make a 'warranty claim' for the accidental damage.

You won't know if you don't try. :)

“Don't believe anything you read on the net. Except this. Well, including this, I suppose.” Douglas Adams

bigalow

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#2661235 22-Feb-2021 18:33

the ont and fibre are property of chorus so they should fix it

snnet

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#2661239 22-Feb-2021 18:39

They will want to bill for the repair

Have had several clients argue that they didn't bury it deep enough in the first place and win

Jase2985

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#2661241 22-Feb-2021 18:48

biggal:

the ont and fibre are property of chorus so they should fix it

they will fix it, the question is who will have to pay for it. as chorus didnt damage it.

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roderickh

221 posts

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#2661506 22-Feb-2021 21:21

Thanks team for all the replies.. I will get back to the CIL and see what other ideas they have, but the lack of cable depth maybe a good start.

The property agent is washing all their responsibilities of this issue, I am not surprised at the very least..

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snnet

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#2661531 22-Feb-2021 22:06

You could try and ask Citizens Advice or a lawyer if you're willing to pay about having the fibre in working order - it's going to depend on how the house was sold - if it was auction it's generally hopeless but I have heard of people backcharging the previous owner for a negotiated sale for things not necessarily on the chattels (I am not a lawyer though)

sparkz25

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#2661537 22-Feb-2021 22:14

I would argue the fact with the realtor, as they have sold the house in an operable condition.

The ONT is a network (Infrastructure) device it should be reinstated by the previous owner, it's not like you sell the house without a power, water, stormwater or sewer connection to the property, is it?

I'm pretty sure that power or water connections are not listed in the chattels either.

Huntakillaz

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#2661561 23-Feb-2021 07:14

another question I guess is would it be feasible to run a new cable like through grass/soil sections rather than having to dig up the driveway?

roderickh

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#2661565 23-Feb-2021 07:58

sparkz25:

I would argue the fact with the realtor, as they have sold the house in an operable condition.

The ONT is a network (Infrastructure) device it should be reinstated by the previous owner, it's not like you sell the house without a power, water, stormwater or sewer connection to the property, is it?

I'm pretty sure that power or water connections are not listed in the chattels either.

This was the point I was trying to raise with their lawyer but fell on deaf ears, I will raise it again and see how I go

Huntakillaz:

another question I guess is would it be feasible to run a new cable like through grass/soil sections rather than having to dig up the driveway?

Also another point I'm raising as an idea - ultimately out of my hands but even slightly distanced to this whole scenario makes me feel so enraged at the previous owner!!

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Dynamic

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#2661573 23-Feb-2021 08:10

I'd suggest simply making the agent and lawyer aware there is an issue and that you are engaging with the infrastructure provider on how best to remedy this. If the Chorus will remedy the issue at no charge, then you have no (big) issue. If there is a charge, then engage with the agent and lawyer etc.

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roderickh

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#2661576 23-Feb-2021 08:13

Thanks again for the responses - I'll advise the CIL with the responses.
I also found a clause in the S&P which would be appropriate, clearly their lawyer is too occupied with 5G tech to care

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Bung

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#2661578 23-Feb-2021 08:16

roderickh: GZ community,

My cousin in law purchased a house recently and after their settlement noted that their ONT had a missing power supply plug.

When the plug arrived, we booted the ONT to realise that there was a potential issue with the fibre line - and we suggested getting chorus out to the property to assess issue.

The chorus tech suggests that the fibre line may have been damaged under the concrete driveway and they’ll need to dig up the concrete to repair.

Upon some research, I am led to believe that the Property was a do up flick on sell type and I suspect the driveway was done relatively recently by the last owner/developer/investor.

This is like the "alleged offender" , does the ONT boot or not? I would have thought Chorus would know how their fibre was installed. It would be difficult to put a brand new concrete drive on top of a typical direct bury install without damaging the fibre.

The missing power supply is starting to smell like an attempt to delay finding that the fibre is dead.

Batman

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#2661587 23-Feb-2021 08:44

roderickh:
Thanks again for the responses - I'll advise the CIL with the responses.
I also found a clause in the S&P which would be appropriate, clearly their lawyer is too occupied with 5G tech to care

It says in the state of repair at the time of the agreement.

Any emails saying that there is fibre? Any marketing material saying they're is fibre?

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