Need some help on a legal matter

angieb1606

Hi i need some advice about a complex issue with a house developer will include a brief explanation feb last year we reserved plot and told them we needed a garage built or house was no good, last july was told garage could not be built stopped house going on the market 2 weeks later yep ok no problem house goes on the market, we sold our house and moved into one of their part exchange properties a week later they say there is a problem need the 5% deposit (£11k) even though no contract in place, same day without warning they pull out stating we were taking to long.... our solicitor had been chasing the contract for 2 months we had mortgage offer HTB etc etc, a week later they phone up asking if we still wanted the house but without the garage, the garage was never going to be built and that was a main factor of us buying the property which they knew we have paid out over £3.000 in costs unaware that we had sold our house putting all of our stuff into storage and them knowing there was a problem this whole time, where do i stand please does anyone have any advice.

AndyMc.....

Ask your solicitor.

angieb1606

I did now not sure what to make of them, the solicitor is just a conveyancer i didn't know there was a difference, he said it's not his field and said that it's a big company and not worth it and to seek out a specialist litigator for advice.... But on the law society website they have one at their office he didn't mention that part, this is a firm that was recommended to us by the company and i believe doesn't want to get involved as they are obviously still getting work from them.

bris

This is pretty confusing, if you moved into the house how can they pull out? The explanation may be brief but it's doesn't make sense.


You already have a solicitor, what do they say. General rule of thumb is no completion of contract no rights.

wealdroam

...and to seek out a specialist litigator for advice...

Not sure that you'll find many of them here.

KeithP

Maybe try asking on the The House Buying, Renting & Selling Board.

angieb1606

reserved new build property
sold our house
moved into one of the developers part exchange houses until our new build was ready was told 6 weeks until ready
developer pulls out
found out developer has lied through their teeth about a vital deciding factor of us buying their house and selling ours which has cost us over £3,000, we didn't complete contracts as they with held it for nearly 2 months.

Aylesbury_Duck

You need proper legal advice, not the musings of random strangers on a forum working on a half-baked story. The sum involved justifies you paying for proper advice.

gwynfil

I'm just replying with what I can understand.


You wanted a garage built, they said they couldn't do it. So in all fairness, they did tell you a garage could not be provided. You understood that, so that was the end of that issue it seems.



Then it seems you sold your home. You needed a new place to live. But if you sold your own home- how can that then be a part exchange deal? I thought a part exchange was that you let the property developer have/sell your house in exchange for a new one.



You moved in to one of their part exchange properties. But did you actually part exchange?



I can't see how you could move in to a part exchange property without a contract. That would be impossible to do on both sides. There must have been a contract before you moved in to the part exchange property. Did a solicitor not read the terms of the contract?


How can you put down a deposit without a contract or signing? the whole thing does not sound legal. The solicitor must be daft if they can't advise you on simple contract and and land law.


How things work:


You sell your house - the land registry transfers the deeds to someone else (the buyer) and you get the money from the sale usually. Did you sell your own home and get the money? If not why?



What happened at this point? did you sign a contract for part exchange? If so, the part exchange company would have your house and part exchange it for a new home with agreed terms. The one you move in to. Here lies the issue. The solicitor should have told you about all the terms and a contract should have been signed.


How on earth can you have sold or part exchanged your home without any contracts being signed? That is not legally binding otherwise.



At the moment it sounds like you liked the look of a new build, but they couldn't provide a garage. At this point you still owned your own home. You then sold it and moved in to thier property- how? Without buying it? As a tenant?


I hope it all sorts itself out for you- but you need to list the process of how you sold your home and ended up in another one you don't own or rent.

pinkshoes

Could you clarify the current arrangement of where you are living?

Is this the house that you intended to buy? Or is this a different house on the same development that you are staying until yours is finished?

Are you paying any rent on this property you are current living in? If yes, who to? Is there a rental contract?

photome

Go see a solicitor, too complex to ask opinions of strangers