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completion today some advice please

Hi

We are due to complete today on a brand new flat via a developer. There is damage to some wood decking on the outside of the flat which the developer said would be fixed. this still hasn't been done and they hadnt come back to us to explain why. are they required to make sure that this had got fixed before completion?

Comments

  • You have phoned your solicitor about this today first thing haven't you?

    He might be able to get some sort of retention agreed but if you haven't even told him about it the money may have gone and it will be too late.
    RICHARD WEBSTER

    As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.
  • tus100
    tus100 Posts: 40 Forumite
    we did speak to our solictor who basically said we would have to complete regardless. The developer said they would try and get it fixed asap. So we completed on friday and have subsequently discovered that developer actually let out our property at some point therefore we are not the first occupiers even though we thought we were buying a brand new flat and that is how they sold it to us even telling us that the flooring and blinds were in as a sale had fallen through. discovered this as the appliances were basically dirty!! have put in an official complaint as I would never bought it - i wanted a brand new apartment!!
  • tus100
    tus100 Posts: 40 Forumite
    i am actually devastated, feel like i have been totally screwed over. :-(
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Since you used a solicitor I suggest you go back to them.

    A '2nd hand' property is not worth as much as a new one so you have been done. I assume all the paperwork refers to a new-build? I assume also you can prove it was let?

    Check out the re-sale prices of similar properties on the development and put in a claim for the difference + compensation for distress.
  • tus100
    tus100 Posts: 40 Forumite
    I had verbal confirmation from the ea who found a tenant for the property, also when we moved in the postbox had a bill that was address to someone but we 'returned to sender' not thinking twice about it. will hold to any more bills that come in. the valuation also refers to the fact that it is a brand new property and they filled in a cml form which has to be completed "by the seller of any property that is yet to be occupied for the first time". definitely distressed, was so proud that we had saved up for our deposit.
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