New built house builder giving us refund 2 weeks before move in!

blueybug

Well

We have exchanged contracts back in July on a new build
After various visits we started seeing bad workmanship so we emailed the builders saying we wasn't happen.

The owner of the company arranged a meeting today (Sunday)

So we arrived and off the bat said ill refund your full deposit and send you on your way!

All we wantedis for these issues to be fixed before hand but he was having none of it saying we criticised his home and not welcome.

We are meant to move in two weeks

We have given notice on our rental and the LL has sold the house.

I know I'm speaking to my solicitor tomorrow
But can he do this?

I mean he acted very rude in front of us and said he has a line of people waiting for this house.

worried_jim

Fair enough, it's his to sell to who he chooses. He obviously thinks that as customers you will be too much hassle to deal with. In the long run this may be best for you as he doesn't sound like the greatest person to buy the biggest purchase of your life from.

dgtazzman

If you have indeed exchanged contracts, it isn't up to the builder to sell the house to whoever he pleases anymore, he is contractually obliged to sell to the OP.

If this is the case, I would refuse to accept the refund and be seeking legal advice from your solicitor that is dealing with the purchase for you. If this solicitor is tied in to the builder, I would be looking for a different one...

The contract you signed should set out on which terms the contract can be terminated and these are usually very limited and you should at least be receiving some form of compensation for the builder not honoring the contract.

In short, don't accept anything the builder offers you until you have received proper legal advice.

G_M

worried_jim wrote: »

Fair enough, it's his to sell to who he chooses..

No. It isn't. OP said:

We have exchanged contracts back in July on a new build

Not sure how it can be his 'home' if it is a new build though. Is this a brand new property, or a renovation?

Either way, you have a contract and can force him to sell as agreed, on the date agreed.

However, forcing the improvements might be harder if he makes difficulties. Depends
* what the contract says
* whether he has building regulations sign-off
* whether you have an independant surveyor's report specifying the defect (and whether they are genuine defects as per the contract)
* whether the new build has a waranty of any kind (NHBC etc)

You will need to discuss with your solicior, and then weigh up the options

* just buy as agreed and fix suff yourself
* buy as agreed and have a 6 - 12 month battle over getting repairs done or compensation paid
* accept his offer, walk away and start again
*

Flugelhorn

is the actually the deposit taken on legal exchange of contracts or a holding deposit taken when reserving a new house?

I_have_spoken

https://forums.moneysavingexpert.com/discussion/1806123

blueybug

Sorry rushed post!

New build on his development

Deposit paid may
Exchanged contracts July

House has compilation date of 7th nov

I'm kinda stuck!

And very upset

dgtazzman

Do calm down, you have the upper hand in this as you have exchanged.

Have your solicitor write and nice letter to the builder, detailing your legal position and that you WILL take action if prompted to do so, should be enough to have the builder back down and complete as planned. Getting the repairs done is another matter, but for now, I think you'll be happy just to have a roof over your head.

pinkshoes

You are not stuck.

You have exchanged contracts, so if he is refusing to complete there will usually be a large financial penalty to pay.

What sort of bad workmanship are we talking about?

kiddakidda

blueybug wrote: »

Well

We have exchanged contracts back in July on a new build
After various visits we started seeing bad workmanship so we emailed the builders saying we wasn't happen.

The owner of the company arranged a meeting today (Sunday)

So we arrived and off the bat said ill refund your full deposit and send you on your way!

All we wantedis for these issues to be fixed before hand but he was having none of it saying we criticised his home and not welcome.

We are meant to move in two weeks

We have given notice on our rental and the LL has sold the house.

I know I'm speaking to my solicitor tomorrow
But can he do this?

I mean he acted very rude in front of us and said he has a line of people waiting for this house.

Hindsight is indeed an wonderful thing but on the visits where you were starting to notice the poor workmanship did you discuss at the time or did you wait and then do a long list on email?

Sometimes emails are not an easy way to resolve issues and can be confrontational.

Even so, As others have stated, exchanged contracts - the property is legally yours.

You just need to find a way to take the heat out of the situation, get the repairs done and get completed.

Good Luck:)

blueybug

pinkshoes wrote: »

You are not stuck.

You have exchanged contracts, so if he is refusing to complete there will usually be a large financial penalty to pay.

What sort of bad workmanship are we talking about?

Things that he could happily sort

The electric sockets don't fit flush
Paint work is real bad
Tiling not finished
Front door has dent it
Just finishing things.

One of his staff told me a month ago to list and take photos of things and then today the builder said his staff would of never said that.

He wouldn't even step one foot in the house this afternoon so we could show him what we meant he just said " I'll refund you".

It's like he doesn't want to sell to us, the others houses have "gone up" in price I wonder if he will be selling this for more mmmm