Persimmon stopped building our house - what can I do?

Premier_2

What type of property is it? If it's detached, enquire of the site foreman why it's not possible to re-jig the building plan to concentrate on your property. Afterall, the developer will be selling to you at a profit, but a profit is not a profit until the money is received.

Obviously not so easy if it's an apartment, mid terrace, etc.

mrsf77

Jonbvn wrote: »

It all boils down to the legal definition of "reasonable".

Persimmon can delay construction for reasons beyond their "reasonable" control. Simply put they could delay for bad weather, lack of materials and other things they may have no control over. However, it is very clear that stopping construction completely for financial reasons is not covered by this contract clause, since it obviously within their control. Having spent many years in the construction business defending and making claims on such T&C's, any solicitor worth their salt should be fully able to pursue a claim against Persimmon to complete construction or return your deposit with interest. If your solicitor is reluctant to do this, change ASAP.

Make sure your solicitor is not one selected by Persimmon.

I would suggest you post over at www.snagging.org for more assistance.

Thank you for this! My solicitor is one recommended by Charles Church - there was an incentive from CC to use them. I am starting to feel dumber and dumber as this goes on. In fairness to the solicitor she has been pretty good so far and did mention what you have said above, I just feel like things aren't being responded to quick enough for my liking but then I am not her only client and she obviously has to wait for responses from CC/Persimmon.

How long is reasonable time to wait for a response from a letter?

I am prepared to take them to court if need be.

mrsf77

Premier wrote: »

What type of property is it? If it's detached, enquire of the site foreman why it's not possible to re-jig the building plan to concentrate on your property. Afterall, the developer will be selling to you at a profit, but a profit is not a profit until the money is received.

Obviously not so easy if it's an apartment, mid terrace, etc.

It is (well all 4 bricks high of it!) a semi-detached.

AJ1982

Although Premier makes a good point of asking/forcing the developer to work on your property first... beware if the company is looming financially you could be living on a building site if you do complete. Obviously your property would be fine, but roads/gardens/communal areas etc... might be best to cut and run IMO...

mrs_deadline

Totally agree with AJ1982, moving into a mothballed development is a risky proposition for all sorts of reasons, you'd be better off out of this altogether. Your solicitor should never have let you sign such an open-ended contract without so much as a long-stop date to protect your interests. Hopefully she'll succeed in getting you out of it again, otherwise you might have to take this further as a complaint...

Trollfever

My solicitor is one recommended by Charles Church

Tells me all I need to know.

Find another solicitor or visit here:

https://www.moneyclaim.gov.uk/csmco2/index.jsp

Do it sooner rather than later before they go bust.

neverdespairgirl

Doozergirl wrote: »

"The seller will use reasonable endeavours to avoid delays and to minimise the effect of any delay."

I would argue that Persimmon are not making reasonable endeavour to avoid the delay. Simply saying that they've stopped building isn't good enough in my mind.

I think I agree with that. The clause seems more relevant to situations such as the builders finding a Roman villa when digging to put in the foundations, or something like that, not just "we are stopping. Deal with it".

Premier_2

Trollfever wrote: »

Tells me all I need to know.

Find another solicitor or visit here:

https://www.moneyclaim.gov.uk/csmco2/index.jsp

Do it sooner rather than later before they go bust.

I agree! Try and find your own solicitor to see if they can help (a) getting your house built (or relieved from the terms of the contract if that's possible/preferred)and (b) investigate any potential wrongdoings by the existing solicitor.

There does sound like a possible conflict of interest here that the current solictor is unlikely to help you with in either getting your house built, getting you out of the contract or suing for damages (if appropriate).

austincource

Hi
I asked eariler which site as there is one by me which has also stopped building and have a friend in similar position
I have a few points from reading the above.
1. usually better not to go with recommend sol from CC as he/she will be off comission or have some other agreement with CC as they will send him/her regular business. However, given that you are already with this sol. add pressure to him- as he will have good relationship overall with CC and know how they work. Also seek free advice from citizens advice about best course of action. rememeber the sol. has to work legally and is a representative for you, if you are not happy with any progress then consider moving.
3. Persimmon group including charles church are in trouble given that their shares are -70% in last 6months- you would think that they would need your money, before you do pull out.
I would contact Charles church head office directly, speak to site manager....dont deal with the sales negotiator he/she has no really input on the site management.
Good luck

SquatNow

If the OP is lucky then persimmon will go bust, the OP will lose his/her deposit and be released from the contract.

If they are unlucky, persimmon will finish the house and force them to complete... at which point:
At best - they will find themself living in the only house on an unbuilt estate... welcome to ghosttownville.
At worst (and more likely) - they will find themselves unable to get a mortgage as persimmon have dropped the prices of the remaining houses in the meantime. The Op loses their deposit, plus the difference between the price they agreed and the final selling price, plus interest and costs. If they are lucky they can go bankrupt if they arn't they spend the rest of their life paying off the debt. this option is one we have already seen on MSE a number of times and now appears to be the norm.