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Can't Complete New Build - Can't Cancel Either

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Comments

  • plumduff55
    plumduff55 Posts: 892 Forumite
    Part of the Furniture 500 Posts Homepage Hero Name Dropper
    At last this nightmare is over - today the builders agreed to let son and daughter in law out of the contract with only the loss of their deposit. This is a real victory.

    Briefly, here's what happened -

    • Flat was completed September. DS was given 1 week to complete sale or be liable for £50 daily overdue fee. Still unable to obtain mortgage.
    • Builder agreed they had breached the missives in two areas and there was an unprovable dispute over the completion date.
    • DS took builders to small claims court for loss of deposit.
    • Builders agreed to let DS out of contract but reserved the right to pursue DS for any losses incurred over house sale. DS refused.
    • Court date Monday, builders let DS out of contract today.
    Son and daughter in law are happily living in a rented house and do not plan to buy anytime soon.

    I am writing this to give hope to anyone in the same situation, I still can't believe it's all over !!!
    Debt free - Mortgage free - Work free ( in that order :) )
  • dopester
    dopester Posts: 4,890 Forumite
    How much was the deposit?

    All told it seems like a good result, as it could have been much worse.
  • plumduff55
    plumduff55 Posts: 892 Forumite
    Part of the Furniture 500 Posts Homepage Hero Name Dropper
    The deposit was £3,000 and yes, it was a good result.

    DS was very confident that they would win the small claims court case but that would not stop the builder going after them in the future. They could have been forced to pay legal fees, costs to readvertise the flat and also pay the difference between the final sale price and the cost they agreed nearly 2 years ago.

    £3,000 is a small price to pay to be able to get on with their lifes and not having this hanging over them.
    Debt free - Mortgage free - Work free ( in that order :) )
  • silvercar
    silvercar Posts: 49,963 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    Good result. On another thread someone has lost a £25k deposit and the builder is after another £11k.
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • edgex
    edgex Posts: 4,212 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    plumduff55 wrote: »
    At last this nightmare is over - today the builders agreed to let son and daughter in law out of the contract with only the loss of their deposit. This is a real victory.

    Briefly, here's what happened -

    • Flat was completed September. DS was given 1 week to complete sale or be liable for £50 daily overdue fee. Still unable to obtain mortgage.
    • Builder agreed they had breached the missives in two areas and there was an unprovable dispute over the completion date.
    • DS took builders to small claims court for loss of deposit.
    • Builders agreed to let DS out of contract but reserved the right to pursue DS for any losses incurred over house sale. DS refused.
    • Court date Monday, builders let DS out of contract today.
    Son and daughter in law are happily living in a rented house and do not plan to buy anytime soon.

    I am writing this to give hope to anyone in the same situation, I still can't believe it's all over !!!


    not surprised that theyve let them out of the contract, i bet the builders didnt want their contract to ever get seen by a court
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