Urgent Advice Needed - any reply would make a difference

Legacy_user

Hi

I desperately need assistance.

I bought a property in a country area and on turning up having been given a date for the keys to be handed over by the estate agent and also paid the money over to my solicitor found the property was unfinished. The surveyor who worked on my behalf had pursued the builder a no. of times and was told it would be finished. I was told the night before when I was travelling here of the situation, but had no option but to move in. The builder told me all work would be finished in 2 weeks, but he has defaulted on the remaining work - sewage not connected properly, holes externally and internally, albeit discreet, have allowed a beetle colony to build up and a cable from the electricity company has been laid through my front garden to the next new build, with the digger having done damage to the phone cable so at present I have no main line. There are other residual works too, but the first couple are the critical issues. Additionally, there is serious lack of documentation and permissions associated with the property missing. I am now coming into my 6th month and should have been working again 4 months ago and am unable to do so as the future seems so uncertain - I am now existing on money that was to go to my pension.

I was very poorly for a month with gastro-enteritis whilst in the property because of the sewage issue, in additional to suffering verbal abuse and patronising behaviour from the builder/the estate agent and the solicitor. I employed an architect who has highlighted major issues with the property and also lack of duty of care from the solicitor and estate agent. I was initially grateful that the Managing Partner of the solicitors took over a couple of months ago when they realised the situation had got out of hand, however he came onboard very defensive and continues to be so. I have been told all sorts of conflicting things by him i.e. I was told by a member of his team that a meeting had take place with the estate agent/builder and my without my knowledge, very unprofessional, and now the Managing Partner has officially denied such a meeting took place in writing, but I got this information from two different sources, so my trust is severely dented with him! I realise it is deflection as they are culpable in many ways with a great deal of the paperwork for permissions with the build of the property missing. The estate agent also works with the builder on projects and everyone seems to know everyone else and has a vested interest in protecting each other. The solicitor's legal assistant who did my conveyancing had presence of mind on the day I moved in to hold back £20k, but this will barely cover the outstanding work, however since the Managing Partner took over I keep getting told different stories, the latest was that £180k was held back - way too over the top and the first I was appraised of it was in the past two weeks. The builder wants to use all the money for other developments and I, and family and friends, feel the builder has no intention of using it for my property - he has 4 other developments on the go he needs the money for. We have submitted via my existing solicitor to his solicitor, who by the way used to work with my solicitor (!) the architect's report and in a week have not heard back. I also have in the past, and more recently, people representing the builder and also the builder himself walk all over my land without permission - very intimidating and my solicitor has warned them not to do this a couple of times. I have gone to extra expenses to try and protect my property and had to undertake some urgent small works. This is emotionally crippling. I am once more unwell with a secondary virus arising out of the gastro-enteritis and albeit a strong and positive person, have started to crumble. I am desperately afraid for my future, health-wise and financially. I moved here to recover from overwork and acquiring heart palpations directly caused by exhaustion (working 17 hour days) and with not one day off for sickness in 14 years. And now find myself in an never-ending nightmare, dealing with things on my own. I love where I live (and ironically the property) and also the people in the community have been super supportive, when it would have been far easier to keep their distance.

The solicitor recently discovered that the property had not been even registered in the builder's name, never mind mine. The builder is now pushing for a completion certificate to be agreed even though paperwork is missing and serious work not finished I don't know where to go from here. I cannot sell the property and I am watching money go down the drain. I also invested in the property before I realised, when the Managing Partner of the solicitors got involved, how serious it all is. He down plays it and makes me feel inadequate, but I have a good brain on me and if I was in my own environment I would be pushing back on him, but he is all I have got at the moment and I am reluctant to rock the boat. If I question anything he gets very snippy. Any advice would be most appreciated. I am scared for my future and need to stay strong.

Thanks
Deb

elsien

If the property is not in the UK I'm not sure there's much help that can be offered on here. You appear to have bought a property without viewing it i an unspecified location. Your solicitor is best placed to advise.

kazwookie

Deb_Moore wrote: »

Hi

I desperately need assistance.

I bought a property in a country area and on turning up having been given a date for the keys to be handed over by the estate agent and also paid the money over to my solicitor found the property was unfinished. The surveyor who worked on my behalf had pursued the builder a no. of times and was told it would be finish. I was told the night before when I was travelling there of the situation, but had no option but to move in. The builder told me all work would be finished in 2 weeks, but he has defaulted on the remaining work - sewage/holes externally and internally albeit discreet, have allowed a beetle colony to build up and a cable from the electricity company has been laid through my front garden to the next new build, with the digger having done damage to the phone cable so at present I have no main line. There are other residual works too, but the first couple are the critical issues, including lack of documentation and permissions associated with the property. I am now coming into my 6th month and should have been working again 4 months ago - I am now existing on money that was to go to my pension.

I was very poorly for a month with gastro- whilst in the property because of the sewage issue and suffered abuse and patronising behaviour from the builder/the estate agent and the solicitor. I employed an architect who has highlighted major issues with the property and also lack of duty of care from the solicitor and estate agent. I was initially grateful that the Managing Partner of the solicitors took over and was quite belligerent in doing so. I have been told all sorts of conflicting things by him i.e. I was told by a member of his team that a meeting had take place with the estate agent/builder and my solicitor, very unprofessional, and now the Managing Partner has officially denied this in writing, but I got this information from two different sources, so my trust is severely dented with him! I realise it is deflection as they are culpable in many ways with a great deal of the paperwork for permissions with the build of the property missing. The estate agent also works with the builder on projects and everyone seems to know everyone else and has a vested interest in protecting each other. The solicitor's legal assistant who did my conveyancing had present of mind on the day I moved in to hold back £20k, but this will barely cover the outstanding work, however since the Managing Partner took over I keep getting told different stories, the latest was that £180k was held back - way too over the top and the first I was appraised of it. The builder wants to use all the money for other developments and I, and family and friends, feel the builder has no intention of using it for my property - he has 4 other developments on the go he needs the money for. We have submitted via my existing solicitor to his solicitor, who by the work used to work with my solicitor (!) the architect's report and in a week have not heard back. I also have in the past and more recently people representing the builder and also the builder myself walk all over my land - almost intimidation and my solicitor has warned them not to do this a couple of times. I have gone to extra expenses to try and protect my property and also do urgent small works. This is emotionally crippling. I am once more unwell with a secondary virus thanks the initial illness and albeit a strong and positive person, have started to crumble. I am desperately afraid for my future, health-wise and financially. I moved here to recover from overwork and acquiring heart palpations directly caused by exhaustion (working 17 hour days) and not one day off for sickness in 14 years. And now find myself in an never-ending nightmare, dealing with things on my own. I love where I live (and ironically the property) and also the people in the community have been super supportive, when it would have been far easier to keep their distance. The solicitor recently discovered that the property had not been even registered in the builder's name, never mind mine. The builder is now pushing for a completion certificate to be agreed even though paperwork is missing and serious work not finished.

I don't know where to go from here. I cannot sell the property and I am watching money go down the drain. I also have invested in the property before I realised, when the Managing Partner of the solicitors got involved, how serious it all is. He down plays it and makes me feel inadequate, but I have a good brain on me and if I was in my own environment I would be pushing back on him, but he is all I have got at the moment and I am reluctant to rock the boat. If I question anything he gets very snippy. Any advice would be most appreciated. I am scared for my future and need to stay strong.

Thanks
Deb

Where is this property?

How much is it going to cost to put right?

I would suggest for now, not paying any more money over.

tlc678910

Hi,

You sound in desperate need of support with this.

Do you know if the site is covered by NHBC or any other warrantee?
NHBC http://www.nhbc.co.uk/aboutnhbc/
"Our main warranty and insurance product, Buildmark, covers homes from before they are built, providing protection to the homebuyer from the exchange of contracts through to the end of the 10th year following legal completion by the first homeowner."

Is there still a sewage problem? The council's environmental health dept might be able to help if there is?

Try your MP? The local press?

I wonder if you could take them to small claims court (money claims online) for your costs, losses and the money to finish the job to a decent standard (get a proper quote or estimate for this). A "letter before action" from your solicitor might give them a kick?

Seek help. Good luck.

System

Thanks for the replies especially the latter one. The property is in Ireland and yes I did view the property - I had no idea how this would pan out. I am an experienced property buyer, just never have had to deal with this scenario.

Elsien, I don't think you read my post very well as you have missed the fact that the solicitor has also let me down, however now is not the time to correct someone's grammar I am very tired and worn out and it obviously shows in my communication.

I will take onboard any advice given and it just helped actually putting the note together to see it in black and white. Thank you.

Doozergirl

We'e a UK and NI board so there's not many of us with experience in Ireland.

In England, if the solicitors had dealt inappropriately with the purchase then one would follow the official complaints procedure and then move on to the SRA as an overseeing body.

Your post is long and confusing and yes, your grammar; length of sentences and paragraphs is poor. And yes, I understand how your state of mind affects that but it also affects our ability to help. I reiterate that I have no knowledge of conveyancing in Ireland, but even in the UK I would have to ask more questions or just ask you to edit your OP and look at it from the perspective of a stranger.

It's equally important that you communicate with other involved parties in a coherant way in order to be understood. And specifically not misunderstood as someone who is inchorent and rambling and not to be taken seriously.

lincroft1710

You need to find an Irish consumer rights forum or read up about Irish law on contract and house buying. Also an Irish solicitor you can trust.

davidmcn

Doozergirl wrote: »

We'e a UK and NI board

NI is (for the meantime...) part of the UK.

Doozergirl

davidmcn wrote: »

NI is (for the meantime...) part of the UK.

You're right. I've been typing drunk all evening so don't be surprised if it isn't the biggest mistake I've made. GB & NI = UK.

It was a lovely day

Annie35

Doozergirl wrote: »

You're right. I've been typing drunk all evening so don't be surprised if it isn't the biggest mistake I've made. GB & NI = UK.

It was a lovely day

You're my fave Doozer! Never change :rotfl::beer:

System

Really? A little more sensitivity would be appropriate. Obviously people come on this forum to bond not alienate - it is primarily a business forum. They are usually in a fragile place and do not need any more angst from someone expressing themselves negatively. Your response is not healthy for anyone going through a difficult time.

However will take on board the rambling bit!