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Problems with the developer

Hello,
Hopefully somebody can help us out.
We bought a new build flat last October from Gemcross homes in Edinburgh. The company has gone bankrupt and the bank has taken over their debts. They will not been released their monies owed until they finish all the “snagging” issues in the development.
The problem is we are still waiting for our “snagging” list to be completed. We have several issues and the developer is dragging his heels and not committing to finish the work needed. He arranges times that are suitable to him and if we can’t change our arrangements the work is not carried out. As we both have full time jobs we can’t just take the odd day off to suit him. He doesn’t work weekends. We have been in contact with NHBC and they have sent him letters telling him to do the work but we are still waiting nearly 6 months later.
The problem we have now he is refusing to replace the vinyl that is in the bathroom. Before we moved in there was a leak coming from the toilet bowl. Since we noticed this he fixed the toilet and agreed to replace the bathroom vinyl as it is stained and smells of damp. Today he told me he is not going to replace the vinyl as it is not covered by the NHBC. We feel that we should not have to pay for new vinyl as the leak was there long before we moved in.
Does anyone out there have any help or suggestions? Legally where would we stand as he agreed verbally to replace the vinyl? And all of a sudden he has changed his mind. We also have an email which says he would replace it.
Thank you for your help and if you want any more info please just ask

Comments

  • Fire_Fox
    Fire_Fox Posts: 26,026 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 10 March 2010 at 6:19PM
    Who are the bank not releasing money owed to and why does this matter?? If Gemcross Homes (?the developer) has gone bust how are you still dealing with the developer? Have you contacted your conveyancing solicitor yet? You should really be dealing with a formal situation in writing by recorded delivery, not e-mail as you may need a paper trail in the event this goes to court. As you have NHBC on side you need to keep pushing this angle, perhaps ask if the work can be done by another contractor and charged to the developer?
    Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️
  • It wouldn't be a certain development near leith links by any chance? We are in the same situation. Have you managed to find out who the bank is. I reckon if I ask the developer he will just give me the brush off again. Can you let me know.

    We have been waiting 8months for him to complete snagging. I didn't clock that NHBC might be able to help. I will get in touch with them. Trying to avoid solicitor at this stage as they will charge the earth.

    Someone has to sort these things as there is a contract made at the time of purchase. This is everything that has put me off buying brand new homes in the past. Old house might be a bit rough around the edges but at least with a good survey you should know what you are getting into rather than being promised that everything will be sorted out and nothing happens.

    Have you managed to get any action yet?
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