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Can you sell a house with no Section 38?

We bought a new build 15 months ago from a small builder. They are a nightmare.

We have just found out there is no section 38 agreement with the council. The roads are all u finished and only 4 more houses to sell.

I know exactly what is going to happen. The 4 houses will sell and the builder will vanish. They are telling me they have no intention of finishing the roads just in case anothet builder wants to add another phase to the estate (originally they were going to do 2 phases but now have fingers in other pies).

What can we do about this? Will it mean we can never sell the houses again?

Would a section 38 have been agreed in the planning permission?

Any advice would be appreciated

Thanks

Comments

  • ACG
    ACG Posts: 24,772 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    I seem to recall a post on here probably 2 years ago maybe with an unadopted road. Not something I have dealt with personally but I am sure there were 1 or 2 lenders.
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a mortgage adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • Sheep
    Sheep Posts: 219 Forumite
    Thank you. Just realised i may have posted this in the wrong thread so apologies. Have also posted in the correct thread.

    All the families on my street have a mortgage on their house so i would have thought if there was an issue we wouldnt have been able to buy.

    Or is it different if you are buying brand new?
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