No mortage - no flat

gillian4156

i am a single femal who, reserved a one bed new build flat in May 2008. At that time i had a mortgage inplace. The flat was suppose to be complete by in Aug/Sept 2008. The missives were concluded in June 2008, stating no final entry date, and i am legally tied to the flat. As the credit crunch happened around this time in 2008 the mortgage fell through and now i can no longer raise the excessve deposit the banks want to lend on a new build flat. i have had no communications from the flat builder since May 2009. Even then it was to ask for a singed copy of my missives, which i have never recieved.
As this in now 2010, i still have not moved into the property and would like to start looking for a new property. Can anyone who has been in a similar position help?

Thrugelmir

gillian4156 wrote: »

i am a single femal who, reserved a one bed new build flat in May 2008. At that time i had a mortgage inplace. The flat was suppose to be complete by in Aug/Sept 2008. The missives were concluded in June 2008, stating no final entry date, and i am legally tied to the flat. As the credit crunch happened around this time in 2008 the mortgage fell through and now i can no longer raise the excessve deposit the banks want to lend on a new build flat. i have had no communications from the flat builder since May 2009. Even then it was to ask for a singed copy of my missives, which i have never recieved.
As this in now 2010, i still have not moved into the property and would like to start looking for a new property. Can anyone who has been in a similar position help?

Have you purely paid a reservation fee for the flat? Or have you paid a full deposit and exchanged contracts?

Is the developement still being built?

gillian4156

i have paid a reservation fee and a missive fee. lawyer told me the missives were concluded. apparently he signed them on my behalf, however, i have yet to see a signed copy of them. I have signed nothing other that a reciecpt of a reservation for the flat.

Thrugelmir

gillian4156 wrote: »

i have paid a reservation fee and a missive fee. lawyer told me the missives were concluded. apparently he signed them on my behalf, however, i have yet to see a signed copy of them. I have signed nothing other that a reciecpt of a reservation for the flat.

How can a solicitor sign them on your behalf?

Was the solicitor connected to the developer or independent?

No receipt for the missive fee either? Thats very odd.

dmg24

Thrugelmir wrote: »

How can a solicitor sign them on your behalf?

Was the solicitor connected to the developer or independent?

No receipt for the missive fee either? Thats very odd.

I am assuming you do not have much experience of Scottish Law? It is quite standard for sols to sign missives on behalf of the client.

OP, you need to contact your solicitor for proper advice on this. It could be very serious.

Thrugelmir

dmg24 wrote: »

I am assuming you do not have much experience of Scottish Law? It is quite standard for sols to sign missives on behalf of the client.

OP, you need to contact your solicitor for proper advice on this. It could be very serious.

Thanks. None at all in fact.

Trollfever

Caveat Emptor.

Landmark case sees developers awarded damages from buyers who walked away as property values tumbled

Read more: http://www.dailymail.co.uk/property/article-1240546/Landmark-case-sees-developers-awarded-damages-buyers-walked-away-property-values-tumbled.html#ixzz0bxNwDaXh