Builder claiming retention money back

Darwen05

Hi,

I purchased a new build in 2002 and without my knowledge the solicitor retained £500 until the road was adopted. I say without my knowledge - it probably was explained.

I moved out of that property in 2007/8 to my current property, and in 2009 a cheque was sent to my parents address from my original solicitor for the £500 as the road had never been adopted.

I have now received a further letter from the same solicitor to my parents address stating the road is now adopted and the builder wants his £500 back.

The reason they have my parents address is that this is the address on file with the solicitors from the time of my original purchase in 2002.

Where do I stand in paying this money back ?

Am I still liable as the road was never adopted in the 5/6 years I lived there, and it is now a number of years since I moved.

Thanks

nomoneytoday

I suspect you should pay the builder. Had you have been living there the £500 would be payable.

auroan

Surely it's the current house owner who is responsible for the road adoption fees ?

Darwen05

My thoughts were that the price of the house, included the price of the road being built, hence the holding back of £500 until completed ?

I guess the builder has sent a request out to ALL the solicitors involved regardless of whether the occupants still live there.

As I moved and did not benefit from the road whilst I was there why should i now pay ? If he didn't turf my lawn as paid for before I moved out and did it now I wouldn't pay him for it now would I ?

Confused.....anyone experience this :cool:

tyllwyd

I think you need to find out what the original terms and conditions were for the rentention. Could you get the solicitor to look at their file to see if they can find out? (You might need to pay for their time though.)

G_M

You agreed to pay £X for the property. And you paid £X. However the builder only got £X - 500 because he had not finished th work.

The solicitor initially held this money and probobly should have continued to do so, however with the passage of time he decided to give it to you. So you were £500 'up' on the deal!

The builder has now done as promised, so you owe him his money. You will not be out of pocket as you were previously 'up'.

GDB2222

G_M wrote: »

You agreed to pay £X for the property. And you paid £X. However the builder only got £X - 500 because he had not finished th work.

The solicitor initially held this money and probobly should have continued to do so, however with the passage of time he decided to give it to you. So you were £500 'up' on the deal!

The builder has now done as promised, so you owe him his money. You will not be out of pocket as you were previously 'up'.

Well, someone owes the money (if it's not time-barred). It may be your purchasers, and they may have a claim against you, or maybe not. Finding out properly who owes whom how much, through a solicitor, may well cost more than the £500. The fact that the original solicitors waited until 6 years after the purchase to return the £500 is a very strong indication that they thought the debt was time-barred after the usual 6 years.

GDB2222

Thinking about it a minute longer, the practical course I would adopt is to write back to the builders and say that the debt is statute barred as it's been more than 6 years. See what they say, and then decide what to do.

mrschaucer

The road was adopted sometime between 2009 and 2011, then? At least 7 years after the house/flat was originally sold as completed? I think the builder is having a laugh if he thinks someone whose new build was to all intents and purposes never finished to the original contract all the time he lived there, who subsequently sold it on, still unfinished, to A N Other (whose solicitor clearly didn't raise the issue) would be liable for paying this £500. The OP never got the benefit of this, so his retention of money was fair. And as above, it's well over 6 years.