After exchange told issues installing heating

mangomaz

eddddy wrote: »

A conveyancing solicitor wouldn't negotiate things as such - but they would pass on your proposed terms to the sellers solicitors. But that's probably an inefficient (slow) way of communicating. It's faster to do it direct.

With new build contracts, they generally say that you can withdraw after exchange, if there is a significant change to the spec/plan.

No heating sounds like a significant change, so I guess that would allow you to withdraw and get your deposit back. (And that really is something that your solicitor can check in the contract and advise you on.)

Thanks for the reply. When you say it's faster to do it direct, as in better to agree directly with the developers? I heard that it's important to make sure all communication and agreements are made via the solicitor? Or do you mean agree directly and then get the solicitor to draw up the agreement after?

They have said that if the heating isn't installed by the long stop date (I need to confirm when this is) we can terminate the contract but I really don't want to do that.

mangomaz

pinkteapot wrote: »

Was the solicitor one recommended by the builder/mortgage company, by chance?

Personally, I have to say that I probably wouldn't be keen on moving in and getting heating later. Getting snagging issues sorted post-completion on new-builds is notoriously slow and hassley - once the builder has your cash, they've got little incentive to fix things. With minor things I'd go ahead, but heating is pretty significant.

What exactly is the problem? Is it meant to have gas or electric heating? If it's electric then there really shouldn't be any problem installing it - electric heaters are easy to install! If it's gas then are they having an issue getting the development connected to mains gas?

Yes, bang on, they were recommended by the developers. I thought it would mean the process would go smoothly and easily but it's actually been the opposite.

The solicitor who communicated the issue hasn't even specified exactly what the issue is. They don't even know yet if it's just heating or hot water as well. Hopefully will find out more tomorrow....!

pinkteapot

Next time - avoid solicitors recommended by the builder or mortgage company. There are often stories on here suggesting they're not acting 100% in your interests / as you'd expect! You're still paying them though and can instruct them as you see fit.

I'd definitely find out exactly what the problem is before deciding what to do. If it is that there's a problem getting the site connected to mains gas then it could take a while to resolve (if at all). Did the property details say whether heating and water would be electric or gas?

ReadingTim

If the building doesn't have heating yet, it doesn't have heating. It's not just your flat, it's the entire building; and it's not within the power of your solicitors to install said heating. Therefore, if you think you can turn a legal professional into a heating and plumbing professional, you're very much mistaken.

What your solicitor can do is to advise on ways to ensure that heating will be installed within a reasonable time frame, and that you're not disadvantaged, and are possibly even compensated for the inconvenience.

If you don't like this, then you can pull out and find somewhere else, but neither you nor your solicitor can make it happen any faster than the developer makes it happen.

eddddy

mangomaz wrote: »

Or do you mean agree directly and then get the solicitor to draw up the agreement after?

Yes - exactly that.

mangomaz wrote: »

They have said that if the heating isn't installed by the long stop date (I need to confirm when this is) we can terminate the contract but I really don't want to do that.

Yes - but as I say, you cannot force them to install the heating by the long stop date.

You can try to persuade them - but the only bargaining power you have is threatening to walk away if they don't.

Thrugelmir

mangomaz wrote: »

They have said that if the heating isn't installed by the long stop date (I need to confirm when this is) we can terminate the contract but I really don't want to do that.

In which case. Your solicitor is correct in their advice. They are not siding with the HA. Merely suggesting leaving your options open. Which is what you appear to wish to do.

mangomaz

pinkteapot wrote: »

Next time - avoid solicitors recommended by the builder or mortgage company. There are often stories on here suggesting they're not acting 100% in your interests / as you'd expect! You're still paying them though and can instruct them as you see fit.

I'd definitely find out exactly what the problem is before deciding what to do. If it is that there's a problem getting the site connected to mains gas then it could take a while to resolve (if at all). Did the property details say whether heating and water would be electric or gas?

Thanks for the reply. Hopefully after the meeting tomorrow I'll know better what is going on. I'm not sure actually, my OH was looking at those details