New Build Lies and Delays

joee86

Hello,

Apologies in advance as there is a lot of text.

My partner and I reserved a property in October with an estimated completion date of April 2018. We never believed this would in fact be the case and were expecting a delay. Ignoring all common sense, after being told by the sales advisor (which I now know breaks some rules) that we had to use one of their solicitors, we agreed. This was the start of the problems.

The solicitor after much pushing gave us a contract to sign. After reading it, it was clear this was not for our house. However, the house builder always seemed to be informed of things prior to us. Calling me saying I should sign and not to be difficult. When I asked for the survey I paid for I was told if I wanted, I could look at one they did for an earlier property. Eventually this was settled.

In March we were told it would be May that we would be moving in. At the end of April we received a letter confirming the estimate, but saying this is still subject to everything going well. We were due to visit the property but the Head Builder cancelled on us a day before citing a training course as the reason. However, we still went down and drove past, noting that the property next to ours (not connected to ours) was still on the foundation stage. Our sales advisor confirmed that because this was in a different build area, it would have no effect on our house.

In May, after the letter was received, we got an email from the Sales Person saying that due to British Gas falling behind in fitting a meter we would not be moving in until June. Somehow British Gas had fallen a month behind. We applied for an extension on the mortgage offer which was agreed. We asked that our Sales person email us 2 weeks later to update us which she agreed. 2 weeks later we found out she was on holiday from that day for 2 weeks. Her replacement informed us that the meter was still not fitted.

I therefore took it upon myself to call British Gas, they confirmed that the meter was to be fitted on the day it always was, which was 2 weeks before the date the developer said was the originally planned date. So somehow British Gas had moved from being 4 weeks late to 2 weeks early. I called Head Office, with people either being on lunch or on holiday, no messages being returned.

I emailed the CEO, and received a reply saying they will be in touch. However, for some reason my partner received a call from a senior member of staff. He informed us that the truth was that the delay is caused by the house next door. Brick shortages meant that they are no where near finishing that, and they cant allow us to move into a building site. However, the neighbours on the other side who bought after us will be moving in this week.

We are now in a position where we have no completion date in site. My partner is due to start a new job in the area in July which will be a 2 hour commute each way. Of course this was a risk that we took.

However, I would like to know if there is any possibility of claiming some compensation for the delay? I believe our only option is to move to the area into a hotel or some short term flat and hope that they can finish the other house properly. The service has been awful and to make matters worse, all other houses on the site have all extras and floorings included. It appears we are the only people who paid for this.

Any advice or help would be great. I am going to ask them to cover the costs of moving twice and any hotel/rent, but I doubt I have a chance. I believe looking at the situation regarding the pushing of their lawyer may have more weight after reading different legislation regarding this practice.

kingstreet

Were you offered any kind of incentive to use one of their panel solicitors?

Did you exchange contracts with completion "on notice?"

joee86

We got stamp duty paid for us, and then the week later the changes were announced.

Yes exchange contracts with completion on notice. I believe we have 10 days at that point.

theartfullodger

Good heavens, salesman was not 100% accurate.

davidmcn

joee86 wrote: »

I would like to know if there is any possibility of claiming some compensation for the delay?

You can ask for it, but they're only required to give you what is provided for in your contract. Which will (almost certainly) be nothing. At best you'll have the right to walk away when you reach a longstop date, but I don't know whether you negotiated one of those.

comeandgo

New builds are so often late that the developers/builders will have the contract tight. You can ask but legally there is nothing you are entitled too.