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

kirts90

That's exactly the whole issue, I suspect you didn't get the chance to read the whole thread but basically, I became aware of that change 2 days ago. They did not inform me and I did not agree to that change. In fact, I did not sign it yet they took my signature on the third page and combined it with a modified first page and presented that to my lawyer and other parties!

To clarify, I did sign a reservation form for one month ahead. I did not sign anything for one month earlier!

Thrugelmir

kirts90 wrote: »

That's exactly the whole issue, I suspect you didn't get the chance to read the whole thread but basically, I became aware of that change 2 days ago. They did not inform me and I did not agree to that change. In fact, I did not sign it yet they took my signature on the third page and combined it with a modified first page and presented that to my lawyer and other parties!

To clarify, I did sign a reservation form for one month ahead. I did not sign anything for one month earlier!

I have read the whole thread and asked a very specific question.

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

Makes a difference as to the response you will receive.

kirts90

If I understand correctly your question... I did negotiate and sign the reservation form with the sales person (for legal reason no names to be provided) representing that development. I know who cooked up the reservation form (obviously that person) as it was confirmed to me today (and also because nobody was there except that person at the day that I did sign the contract) but obviously verbally. They refuse to accept that happened by e-mail or to my lawyers.

Thrugelmir

Thanks for finally clarifying. Linden Homes as in the Company aren't bound by the agreement. Either you wish to proceed with the purchase or you don't. At best you'll get your reservation fee plus an ex gratia inconvenience payment if you don't. Is a lack of money, i.e. lack of deposit, the reason you wanted an extended term before exchanging contracts.

ReadingTim

What, ultimately, are you hoping to achieve?

You're either being naive as to the slightly grubbier sales and negotiation tactics or are getting needlessly hung up on points of minor procedure and administration. Either way, you have failed to say what your desired outcome looks like.

If you can outline what your preferred outcome is, I'm sure people can help you get there, given what's already happened, or advise you if it's not possible. Currently, your post is best construed as a whinge; at worst, you're talking yourself into a course of action along the lines of cutting off your nose to spite your face. Neither of which is particularly desirable.

kirts90

My desired outcome is to get everything that they have promised me originally. That means, flooring that I have chosen, internet connectivity, completion of the road in front of the house and be allowed in the first place to see the house completed or close to before exchanging so that I can spot any issues. The list goes on but I will spare you any further details. I am quite aware that after you exchange they will never bother to talk to you again so I don't want to risk getting on that position.

A few days ago, I was told that I cannot visit the house again before exchanging and they basically have no responsibility of most of the above things mentioned, regardless of them having promised me to be completed by early November. However, after all this fuss, they have now agreed to allow me to visit as of today on Saturday.

Regardless of the above, my plan was to move late December/early January which has now been made early December. This changes all my plans and of course, I will almost certainly end up paying double (rent and mortgage) for almost an extra month as my arrangements for moving were made differently (I have people flying over to help me).

AdrianC

How much of that lot do you have in writing...?

kirts90

I have copies of the exchange date but unfortunately, they have made their own copies with my signature. So that's one.

In regards to internet connectivity and road it was agreed with the sales people but after going through the whole process and receiving their contract rules, they have no responsibility about that and they don't agree to modify the contract.

In regards to flooring, it is mentioned as "flooring" no further details, although, I have received an e-mail confirming it but the contract that they have provided me makes any communication with them invalid; but honestly at this state, I don't trust anything until I see it.

The rest of the issues, are mentioned in the contract in some shape of form but of course the contract also basically says that everything the sales people have told me is not valid and additionally I cannot get them to court unless they broke anything mentioned in the contract (which of course they made sure they are 100% covered).

Of course, one major issue relating to the above was not being allowed to visit the house at all! At least that is resolved so things are now moving forward but of course after all that, I am quite hesitant about anything that is promised and overall the whole thing.

moneyistooshorttomention

Don't know that it's cause for any optimism being "allowed" to visit your house.

They can't exactly prevent you anyway I guess - bar security fencing all the way round/locked at night/etc/etc - to prevent you doing your own unofficial visits (if they won't allow official visits).

kirts90

Visiting the house, allows me to see the progress of everything and if everything is as expected for example, flooring.

Unfortunately, they have made sure to remind me several several times that it is illegal to visit the house without their permission and well.. I don't want to do anything illegal even if its minor (although I don't think that would be a minor thing if they were to pursue it).

ps: this is a response to the previous post's question.