Reservation issues, "forgery" and breach of contract with Linden Homes

Comms69

I jut don't see what you would sue them for at this stage. You haven't lost anything yet

kirts90

Agreed, perhaps I was not clear... I have been quite emotional with everything that has been happening so please excuse me. Me suing them would be under the scenario where they cancel the deal or remove any incentives offered (which they can do if you go past the exchange date) or basically don't deliver on their promises and force me to drop out. Don't forget that they changed the reservation form to force me to exchange 1 month earlier.

I just like to be one step ahead of things rather than waiting until something happens and of course that gives me the perspective for future decisions and how to approach them.

steampowered

I am not clear whether you are legally committed to buy the property yet? It sounds like you aren't?

If not, you have leverage. And should not sign anything until you are happy.

Does it matter that they have changed the date, if you aren't legally required to comply with it anyway?

As Comms69 advised I cannot see what you could sue the developer for at this stage. You only get compensation for financial loss flowing from the breach of contract. I'm not sure what your financial loss would be. The £5k of fees you incurred are not losses flowing from the forgery; you would have incurred those fees regardless.

Wobblydeb

kirts90 wrote: »

The issue is that their lawyers are asking my lawyer and in turn me, to sign everything and return them today/tomorrow otherwise they will cancel the deal which will result to severe financial loss. They are putting an enormous amount of pressure on me to sign the contract something that I don't want to until they adhere to the original deal.

What loss will you suffer?? I am sure they are just trying to hit targets. They will not want to put the house back on the market - stick to your guns and I bet they will capitulate.

AdrianC

How long ago did you sign the reservation? What does it say about changing the exchange date?

At the time of reservation, I'm assuming that the property was nowhere near ready for occupation, and was still at some stage of being built. Of course the exchange date can't be guaranteed at that stage - who knows what delays may occur in construction.

I would have expected the reservation document to give an estimated exchange date. They now have a much better clue, so have revised that estimate, and are asking you to exchange. What's your problem with exchanging (and presumably completing) a month earlier than you originally expected?

This really is looking like a lot of hysteria over a triviality, unless there's something I'm missing.

Thrugelmir

kirts90 wrote: »

Thrugelmir, I can reassure you that I don't have any hidden agenta here, I am simply seeking the opinion and advice of people here.

You are expending a lot of time and effort in attempting to delay the exchange of contracts. If I was on the other side so to speak. I'd have to be questioning why. Linden Homes themselves may have far bigger issues to issue to consider. Than concern themselves with the sale of just one property. Which potentially may not go ahead.

kirts90

Thrugelmir, of course I am as I was not expecting to exchange 1 month earlier. I have to see through certain things and of course for them to keep the original deal as agreed. Combining that with what has happened with the reservation forms and everything that I have mentioned in my previous posts, I think it is fair to say why I am hesitant at this point!

The reservation form was signed in October and the house was almost built. They have no right whatsoever to change the exchange date based on the contract. However, as I mentioned, they changed the first page with a different exchange date!

Having said that, I was told by them today that the normal exchange duration since the reservation is 28 days and they had no authority to increase the duration as I signed it which is why they cooked up the reservation form but well.. they forgot to inform me until now!

moneyistooshorttomention

AdrianC wrote: »

How long ago did you sign the reservation? What does it say about changing the exchange date?

At the time of reservation, I'm assuming that the property was nowhere near ready for occupation, and was still at some stage of being built. Of course the exchange date can't be guaranteed at that stage - who knows what delays may occur in construction.

I would have expected the reservation document to give an estimated exchange date. They now have a much better clue, so have revised that estimate, and are asking you to exchange. What's your problem with exchanging (and presumably completing) a month earlier than you originally expected?

This really is looking like a lot of hysteria over a triviality, unless there's something I'm missing.

I'm reading it that maybe OP is worried because perhaps the house isnt finished yet - and they want to be sure and certain it IS finished before they Exchange. I would see that as entirely reasonable - ie to lessen the risk of having to go back to the developer with a list of snags needing sorting.

eddddy

kirts90 wrote: »

Having said that, I was told by them today that the normal exchange duration since the reservation is 28 days and they had no authority to increase the duration as I signed it which is why they cooked up the reservation form but well.. they forgot to inform me until now!

Obviously, it's not your problem that one of their employees/agents acted without authority in increasing the duration.

It doesn't make the agreement you signed invalid. It's for them to decide how they want to deal with their 'rogue' employee/agent.


(Having worked with many salespeople, I've seen a few of them do similar 'stunts'. Generally, it's either because they want to hit their bonus targets, or it's to avoid being sacked for under-performance.

But then they get sacked for misconduct instead.)

Thrugelmir

kirts90 wrote: »

The reservation form was signed in October and the house was almost built. They have no right whatsoever to change the exchange date based on the contract. However, as I mentioned, they changed the first page with a different exchange date!

Who did you negotiate/agree the change of standard terms with?