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

I_have_spoken

Sounds like the usual 'snagging' on typically shoddy new-builds.

If you've exchanged, the builder must think you were born yesterday to just accept a refund of deposit.

You can certainly got all costs refunded and reasonable consequential expenses, although probably not damages for 'stress' etc.

kiddakidda

blueybug wrote: »

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

He can't just do that,

Get your solicitor to remind him and his legal rep that at this stage he can't just give you your money back and walk away.

I'm sure his solicitor will tell him that anyway when instructs return of deposit.

dgtazzman

Again, don't formally accept any return of deposit. If they send a cheque, tear it up, etc.

It could be interpreted as both parties agreeing to disband the contract, letting the builder off the hook.

bclark

As others have already said, he doesn't have the position of power here. You have exchanged contracts and it could be very expensive for him to pull out, as a developer he is in an even weaker position as it would be very easy for a judge to rule against him quite punitively.

Stay calm and talk to your solicitor tomorrow and get them to write a letter, don't back down.

I would imagine that they are trying it on to take advantage of a rising market or he is just an arrogant so and so.

blueybug

Thanks guys!
We are both upset but know he is in the wrong

billybear1

I would absolutely hammer the builder for this - as others have said, get legal advice, get your solicitor to put the boot in and watch him squirm. Terrible conduct and shoddy level of service, you are spending a vast amount of money on something new, this should all be done to a good standard.

[Deleted User]

Within the thread mentioned above https://forums.moneysavingexpert.com/discussion/1806123is this post https://forums.moneysavingexpert.com/discussion/1806123.., that suggests that gaining the house and costs does not have to be as unwieldy a process as the original thread and lots of other posters suggested.

I'd suggest reading it very strongly because obviously you want as quick and firm a resolution to the situation as you can aim for.

blueybug

deannatrois wrote: »

Within the thread mentioned above https://forums.moneysavingexpert.com/discussion/1806123is this post https://forums.moneysavingexpert.com/discussion/1806123.., that suggests that gaining the house and costs does not have to be as unwieldy a process as the original thread and lots of other posters suggested.

I'd suggest reading it very strongly because obviously you want as quick and firm a resolution to the situation as you can aim for.

Yes thanks I was reading about that, I just hope he cools off and admit he has been a total idiot about it. I mean simple fixes and a stern word with his staff member and a sorry would be the best way forward. We have been fair for the past five months but if it did go we would go the high courts route and make sure he pays us fairly for costs as we are now put in this position by him not us and being homeless in two weeks isn't our fault.

I guess being first time buyers with a mortgage in place we would be in a good position to buy another property But I'll keep you all posted what goes on.

A very sleepless night!

G_M

Just get your solicior to point out if he fails to Complete you'll have no choice bt to move into a hotel and send him the bill.

Was your solicitor selected by you, or is he in any way connected to/ /recomended by the builder?

blueybug

G_M wrote: »

Just get your solicior to point out if he fails to Complete you'll have no choice bt to move into a hotel and send him the bill.

Was your solicitor selected by you, or is he in any way connected to/ /recomended by the builder?

By us
And she is like a dog with a bone.
Have emailed her all the info/story

Would love to share with you guys the photos of the work
But can't see to understand how to upload them