Vendor / developer has pulled out after exchange

davidmcn

hazyjo wrote: »

Seriously, looking at those pics - you should have exercised YOUR right to run for the hills even after exchanging.

And the developers probably realise that - why should they spend more time/money sorting out the problems if the OP can still pull out whenever they want to.

moneyistooshorttomention

stuco36 wrote: »

They were recommended by the estate agent, and of course I thought no way...but then a close friend who is in the business said they are a really good solicitor so I went with them. The solicitor didn't verbally say that this could be the case...but it is obviously written in the contract. I am in no doubt I have a fight on my hands as it's written in black and white, but to do this to someone 11 months after they could have backed out is terrible...and all because I complained about how bad their work is on something I am about to spend a lot of money on.

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

It would have been better, in hindsight, not to listen to even a "close friend". Even people one thinks of as good friends can "have their own agendas" or be naive etc etc.

But - it is what it is and it's down to not making that mistake again - ie of even taking the word of the "closest of friends" if they might have a "conflict of interests" or be naive. That's one lesson to learn for future reference in life unfortunately. Yes - even close friends when told they havent been as "loyal" as one would expect from a friend can/do turn round and say "Well, I had a conflict of interests" ..........

As these developers have obviously, by the sound of it, identified you as a "troublemaker" and had visions of you forming an owners association against them or taking them to building control people (and encouraging others to do so) etc - it does sound (to me) as they didnt want "Trouble" and you need to get the message over to them of = If you thought I'd be Trouble if you didn't cancel on me like that, then just wait and see how much Trouble I can be if you don't change your minds.

Probably best - given the state of the place - to be aiming now for compensation, rather than actually getting the place.

pinkshoes

See it as a blessing in disguise!

They arent going to fix those problems. They are going to botch them and cover them up.

Over a year late, shoddy work... TAKE YOUR MONEY AND RUN!!!!!!

ScorpiondeRooftrouser

stuco36 wrote: »

They were recommended by the estate agent, and of course I thought no way...but then a close friend who is in the business said they are a really good solicitor so I went with them. The solicitor didn't verbally say that this could be the case...but it is obviously written in the contract. I am in no doubt I have a fight on my hands as it's written in black and white, but to do this to someone 11 months after they could have backed out is terrible...and all because I complained about how bad their work is on something I am about to spend a lot of money on.

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

Ok, they may be a good solicitor. How much business do they get through you? How much do they get through the developer? Who are they going to want to keep happy?

Please get out of the idea that you are going to have a fight with the developer. You are not. They have exercised their legal rights correctly. The fact that the thing they haven't sold you was substandard is not your problem any more, because you are not buying it.

If you want to have a fight have it with the solicitor. If they never told you about the termination clauses, they should have. They appear to have put the interests of the developer above yours. The developer is obviously allowed to do this; they are not. You're aiming at the wrong target.

AnotherJoe

stuco36 wrote: »

They were recommended by the estate agent, and of course I thought no way...but then a close friend who is in the business said they are a really good solicitor so I went with them. The solicitor didn't verbally say that this could be the case...but it is obviously written in the contract. I am in no doubt I have a fight on my hands as it's written in black and white, but to do this to someone 11 months after they could have backed out is terrible...and all because I complained about how bad their work is on something I am about to spend a lot of money on.

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

Why on earth would you want to "fight" or spend a lot of money, to buy this shoddy work?

steampowered

stuco36 wrote: »

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.

What does the paragraph (or couple of paragraphs) immediately before that one say please?

This is very relevant to determining whether you can complain about your solicitor.

walwyn1978

Another vote for getting what you can out of your solicitor and chalking this one up to a lucky escape, I'm afraid. Yes, you probably got the Black Spot put on you because you dared to complain and then carried on doing so. But having seen those pictures I have no faith that the works were actually done properly in the first place or indeed that any work done under warranty etc would be of any quality at all. That's not 'snagging' - that's seriously incompetent work or perhaps being charitable such poor quality of materials the workmen had to use this kind of thing was inevitable. Either way, you don't want to be living there and as and when you come to sell it if it's like this now what will it be like then?

I guess it must be hard having spent the money and become emotionally attached to what you think of as 'your house'. Good luck with whatever you decide to do next.

Ultra64

walwyn1978 wrote: »

Another vote for getting what you can out of your solicitor and chalking this one up to a lucky escape, I'm afraid. Yes, you probably got the Black Spot put on you because you dared to complain and then carried on doing so. But having seen those pictures I have no faith that the works were actually done properly in the first place or indeed that any work done under warranty etc would be of any quality at all. That's not 'snagging' - that's seriously incompetent work or perhaps being charitable such poor quality of materials the workmen had to use this kind of thing was inevitable. Either way, you don't want to be living there and as and when you come to sell it if it's like this now what will it be like then?

I guess it must be hard having spent the money and become emotionally attached to what you Thingy of as 'your house'. Good luck with whatever you decide to do next.

Thank you. Yes it has been difficult coming to terms with all this, considering I have been planning to move in for 19 months. I have got so much stuff purchased ready for the flat, it's quite depressing.

Ultra64

steampowered wrote: »

What does the paragraph (or couple of paragraphs) immediately before that one say please?

This is very relevant to determining whether you can complain about your solicitor.

It says For the avoidance of doubt payment of the full purchase price shall be deemed to be satisfied by the buyer having entered into both of the equity mortgage document and paid the reduced purchase price as described above. I will add it to the the pictures so you can see it properly. (it's the last image)

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

Richard_Webster

The solicitor didn't verbally say that this could be the case...but it is obviously written in the contract.

Not good enough. Contracts are long technical documents and it is a solicitor's job to point out unusual clauses such as this. You would quite reasonably have assumed that if the contract had been exchanged it was legally binding on both sides. Your solicitor should have been at pains to explain that in some cases this was not the case. If he didn't then he is liable. Tell him you will expect him to pay the difference between the cost of this flat and that of a similar one you now purchase.