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    • joey255
    • By joey255 12th Jul 17, 7:27 PM
    • 1Posts
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    joey255
    Developer insisting I should change solicitor
    • #1
    • 12th Jul 17, 7:27 PM
    Developer insisting I should change solicitor 12th Jul 17 at 7:27 PM
    I have a legal question regarding contracts, developers and reneged deals.

    A few months ago I put down a reservation fee (£500) for an off-plot 2 bed-house with a small housebuilder with a track record of good projects. They suggested a solicitor and the process kicked off!

    A few weeks later I discovered that the company had recently racked up huge debts due to failed subsidiary companies. I raised concerns with the house builder but they assured me the house would be built and everything would go as planned. I raised concerns about the state of the roads on earlier phases which had not yet been adopted but they said they would be at the end of this phase, but they said I needn't worry as my street would be a bricked private road.

    However, this week they rang me and said I should change solicitors as the solicitors were apparently 'dragging their feet'. They offered £250 if I did so that day. I declined for the time being and rang the solicitors to ask them what the delays were and they informed me that the house builder have refused to ensure that sufficient funds are in place to finish the roads on the estate. Before I would sign any contract I would definitely make sure that the completion of the roads were ensured. I wont be changing solicitors as it seems they are doing what theyre supposed to and it seems the house builders are acting sneakily.

    If I stood my ground and sided with the solicitors saying that no contracts would be signed unless these road funding arrangements are in place, are the house builders within their right to walk away? If they did walk away, would I get my reservation fee back as surely its them backing out and not myself? Would there also be any chance of claiming the solicitors fee back from the housebuilder for time wasting?

    Im a bit gutted, as I like the development and was looking forward to moving in.

    Any ideas people?

    Thanks!
Page 1
    • eddddy
    • By eddddy 12th Jul 17, 8:07 PM
    • 5,133 Posts
    • 4,787 Thanks
    eddddy
    • #2
    • 12th Jul 17, 8:07 PM
    • #2
    • 12th Jul 17, 8:07 PM
    If I stood my ground and sided with the solicitors saying that no contracts would be signed unless these road funding arrangements are in place, are the house builders within their right to walk away?
    Originally posted by joey255
    You've got that back to front.

    The builders have specified their road funding arrangements. Your solicitor has asked them to change them. If the builder refuses to change them, you have to decide whether you want to proceed, or whether you want to walk away (and cancel your reservation).

    The reservation form you signed should explain what happens if you cancel. Typically, you get the fee back less an admin charge.
    • sevenhills
    • By sevenhills 12th Jul 17, 8:20 PM
    • 497 Posts
    • 190 Thanks
    sevenhills
    • #3
    • 12th Jul 17, 8:20 PM
    • #3
    • 12th Jul 17, 8:20 PM
    Sounds rather suspect, the builder offering you £250 to change solicitors, how was it said?
    • theartfullodger
    • By theartfullodger 12th Jul 17, 8:37 PM
    • 8,904 Posts
    • 11,757 Thanks
    theartfullodger
    • #4
    • 12th Jul 17, 8:37 PM
    • #4
    • 12th Jul 17, 8:37 PM
    I would never use developers/estate agent's solicitors. Any solicitor but theirs.

    If you were buying someone's home (that they'd lived in for years) and they insisted you used their solicitor, what would you say? F... O.., I submit...
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