How long can they keep putting back our new build completion date?

rugbygirl27

AMILLIONDOLLARS wrote: »

So have you actually exchanged, or is this deposit a holding fee to secure the property? It would be interesting to see what valuation your building society now places on the build. There must be something in your contract that mentions a reasonable delay, laying off bricklayers would not be seen as reasonable by the courts only your solicitors can advise you. Unless they have been appointed by the developers, whereby a conflict of interest may have arisen. Book an appointment to see them in person, they should be looking after your interests foremost, if they are not, a complaint to the law society and looking for another firm of solicitors would be in order.

AMD

We exchanged back in March and paid £25,000 from the sale of our old house as the deposit. I emailed our solicitor and she said there's nothing we can do as the completion date given in the contract is '10 days notice' which is the standard. It may be that we have a case under the Unfair Terms in Consumer Contracts Regulations as this would certainly class as unfairly weighting the contract to Bellway but I have discovered this on my own, with no help from the solicitors!

rugbygirl27

GDB2222 wrote: »

RugbyGirl did you just hand over a cheque for (many) thousands of Pounds to Bellway? Did you have a solicitor involved?

Heck no!! We did of course have a solicitor involved as we were selling our old house at the same time.

AMILLIONDOLLARS

Another thing to factor in, is will your new mortgage offer be enough to pay for the house? you lost your first and time is running out on your second, prices are falling like a brick, will your lender be willing to advance you more than the house will be worth at completion? This is a very important consideration and one you will have to plan for now rather than later, as mentioned before a renegotiation in price now seems prudent, whether its going to be possible is another matter.

AMD

GDB2222

rugbygirl27 wrote: »

Heck no!! We did of course have a solicitor involved as we were selling our old house at the same time.

OK, so who is holding the deposit? Is it being held by a solicitor as stakeholder?

mylilangel

rugbygirl27

What does a standard 10 day notice mean, does it mean that it is an open ended contract, and that they have no liability to complete at a certain date. I am myself in the process of buying a new build, but still at the stage of negotiations. Looking at the some similar threads, my main worry now is whether that off plan house is ever going to be built. What are the T&C'S you think a good solicitor should add to avoid these problems arising at a later stage?

SquatNow

mylilangel wrote: »

rugbygirl27

What does a standard 10 day notice mean, does it mean that it is an open ended contract, and that they have no liability to complete at a certain date. I am myself in the process of buying a new build, but still at the stage of negotiations. Looking at the some similar threads, my main worry now is whether that off plan house is ever going to be built. What are the T&C'S you think a good solicitor should add to avoid these problems arising at a later stage?

:rotfl: :rotfl: :rotfl: :rotfl: :rotfl:

You don't get to add terms and conditions! The builders give you the contract, you sign it. If you read it and decide you don't like it then you walk away.

No builder will let you add sensible terms to a contract like that, their always late, they'de get f**ked in the a$$!!!

A better question for the OP is: Can you get out of the contract? Even if it means losing your deposit? Because, believe you me, the only thing worse than the builders NOT finishing the house, is them finishing it and forcing you to complete, leaving you in massive instant negative equity, or worse still unable to get a mortgage and complete and being left liable for ten of thousands in costs.

Remember: If you can't complete for any reason when the house is finished, the builder gets to keep your deposit, and charge you for re-advertising the property, plus charge you the difference between the price you agreed to pay and the price the property eventually sells for. Given that you can walk into most showhomes today and they'll fall down at you feet offering you 25% off, if the builders actually finish the house, you're totally and utterly f**ked.

rugbygirl27

mylilangel wrote: »

rugbygirl27

What does a standard 10 day notice mean, does it mean that it is an open ended contract, and that they have no liability to complete at a certain date. I am myself in the process of buying a new build, but still at the stage of negotiations. Looking at the some similar threads, my main worry now is whether that off plan house is ever going to be built. What are the T&C'S you think a good solicitor should add to avoid these problems arising at a later stage?

Yep, 10 days notice means that they do';t have to commit to a completion date but once the property is ready you have to complete in 10 days. This is the term which I am thinking might be against the unfair terms regulations as it totally weights the deal in Bellway's favour.

To be honest mylilangel I wouldn't touch a new build with a bargepole at the moment unless your solicitor gets a firm completion date written into the contract. It's just not worth the stress.

rugbygirl27

GDB2222 wrote: »

OK, so who is holding the deposit? Is it being held by a solicitor as stakeholder?

Nope, by Bellway.

danivtec

I am part exing with Charles Church at the moment as apart of their chainbreaker scheme.

The usual 10 days notice clause is in the contract which I have refused to sign and they have agreed to put an end date of March 2009 in the contract.


PS I am not buying the new build, people I am buying from are.

AMILLIONDOLLARS

Have you checked out your mortgage situation? will your lender still advance you the money on the property to buy at your agreed price? Sounds like there will be an indefinate delay and prices on new builds are falling like a brick, looks like you're stuffed they've got you're money which is earning them a nice bit of interest and they are delaying because they have laid off some of their bricklayers!!! You need a solicitor who is hot on contract law to get you out of this one!!!!!

AMD