Vendor / developer has pulled out after exchange

Ultra64

ScorpiondeRooftrouser wrote: »

I would say from what we have heard they were, and to be honest the chances of them doing so, if they weren't, are vanishingly small.

If they are legally allowed to do it....and if they were I think it was way back in June, they have waited 11 months to do it, and just as I was prepared to move in. MY parents place is full of everything I was going to take to the property. One of my girlfriend's room in her home has been off limits for over a year as the sofa I purchased has been stuck in there. I don't know how people can legally get treated this way. I would have preferred they did it back in June, at least I could of got on looking for something else.

Again, I will hopefully have the proper contract tomorrow with all the info.

Ultra64

I have the section in the agreement:

If such notice has not been served by the termination date then either party may determine this agreement by serving on the other written notice to that effect whereupon this agreement shall lapse and the deposit shall be returned to the Buyer within 10 working days of such determination.

moneyistooshorttomention

stuco36 wrote: »

I've calmed down a lot now. But I will be heading to my solicitors first thing in the morning to get answers. They don't answer the phone much. I'll get hold of all the paperwork and contracts and get them to contact the developers solicitors for answers. I want to know why and I want to be compensated for my solicitors fees, mortgage fees, I've had to get 3 as this process has gone on for too long. How can they do this to someone, on the week of completion after a year and half. I will 100% take them to court though as I know they won't want to pay the loses I've had due to this process.

Don't forget to ask if there is any way you can force them to Complete.

After all, as you've pointed out, you'll have to get a lower value place now because of them if you can't get them to finish the deal. Why should you be put in that position?

EDIT; An off-the-wall idea is whether you could move in anyway on due Completion Day (complete with taking a press photographer with you to take photos of you in your new should-be-new-home). I wonder if they'd have the nerve to physically eject you from your home - considering just how much bad publicity you could inflict on them?

EDIT; Do you know why they are trying to do this to you - but haven't done it to these other people? What's the difference between you and them? I do not agree with "playing the Discrimination Card" normally (as people use that wrongly so often) - but could there be an element of discrimination going on here (some way you are different from the ones that have completed okay). I bet the company wouldnt like to be at risk of that sort of publicity either if so.

davidmcn

stuco36 wrote: »

If such notice has not been served by the termination date then either party may determine this agreement by serving on the other written notice to that effect whereupon this agreement shall lapse and the deposit shall be returned to the Buyer within 10 working days of such determination.

So, either you or the developer can walk away from the contract at any point after 10 November 2017. You both agreed to that when you signed up to the contract, you can't unilaterally try to change the terms now.

As above, the only possible angle I can see is whether you got adequate advice about it from your solicitors, but that won't help you actually get the house.

moneyistooshorttomention wrote: »

Don't forget to ask if there is any way you can force them to Complete.

There won't be.

An off-the-wall idea is whether you could move in anyway on due Completion Day (complete with taking a press photographer with you to take photos of you in your new should-be-new-home).

By breaking into a half-built house? I suspect the police would be on the scene pretty quickly...

bowlhead99

So, if you'd read your contact earlier you'd know that both you and they could have pulled out with a trivial amount of notice and terminate any time after the termination date, which you said was almost a year ago. So since then, either of you could walk away. Not quite sure how that squares what you had previously said, "It says the contract can only be cancelled in the event that notice to complete is not served by 27th October 2017", but one of them probably overrules the other and both of them point to it being cancellable as early as 2017 let alone May 2018.

These sort of contractually agreed terms protect both parties when the build doesn't happen within the initial agreed timescale. A year after the planned completion the market may have changed or they may have had problems with the build or your job and family situation might be different and one or both sides might want to cancel for your own reasons.

So, although you said last night that you don't know how it can be legal, you can see that you chose to make it legal by signing a contract with those terms and the deal has been at risk of someone walking away from it, since last year.

I know this doesn't sound welcome our helpful but you can see it is in black and white on the "proper" contract you entered into, unless there is some other clause or subsequent amendment you haven't shown us, which overrules it.

If the property still exists and is close to being finished, do they have some plan to offer it to you for a new price? Ot are they just going to sell it to someone else? Have your solicitor enquire.

LandyAndy

moneyistooshorttomention wrote: »

EDIT; An off-the-wall idea is whether you could move in anyway on due Completion Day (complete with taking a press photographer with you to take photos of you in your new should-be-new-home). I wonder if they'd have the nerve to physically eject you from your home - considering just how much bad publicity you could inflict on them?

.

And where do they get the keys?

This isn't off the wall, it's off the planet.

Davesnave

You didn't answer my first question regarding why you chose this particular solicitor, who has been "not very good" for 18 months.

Did the developer suggest them to you?

Ultra64

Just spoken to my solicitors and they said off the record they think it's because I was complaining about all the issues. But, they were all valid. There is supossed to be a built in wardrobe in the flat. Everyone else had there's except mine. Instead mine had a radiator there as someone out it there by mistake, which meant no wardrobe was there. I asked them if this could rectified over6 months ago, to which they agreed. Everything I visited it had not been done, so I emailed obviously complaining that this needs to be done. Then I went in just over a week ago to do the snagging as I knew completion was just around the corner. I have showed the images to other builders who said this was not acceptable and way beyond what snagging should be. Part of the balcony looked bent and 20 years old already. So I emailed them to say could this be fixed. And that's it.....I've been very calm and patient considering this has been going on over a year and half.

moneyistooshorttomention

Sounds like newspaper it is then - the one with the biggest circulation going and photo of you standing outside with suitcases ready to move in.

If you can't force them to proceed - then you might at least get a more generous deal out of them to "shut up and get out of their hair".

You may well be right as to what the difference is between you and the others - ie you have complained and they "put up and shut up". That now has me wondering what else the developer knows very well they've cheapskated through and would be expecting you to find out about it and scream about that too - ie once you've moved in and had a chance to inspect the place closely.

Ultra64

These were the issues I found with the flat and complained about. And this is why I think I have lost the property, even though they are completely valid:

https://www.flickr.com/photos/158160210@N04/sets/72157668853007918