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Can we get our 10% deposit back? - New Build

utb100
utb100 Posts: 5 Forumite
thread closed.

Comments

  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If you had put a clause in the contract entitling you to walk away, then yes. But it doesn't sound like you did.
  • 00ec25
    00ec25 Posts: 9,123 Forumite
    1,000 Posts Combo Breaker
    do you understand what a contract is?
    do you understand what it means to exchange contracts?

    No? That much is obvious.
  • Unfortunately an email probably won’t be legally binding. Has this date been written into the actual contract you signed? If so then you should be able to pull out. If not, then there is no breach of contract.
  • csgohan4
    csgohan4 Posts: 10,600 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Photogenic
    Good lesson for the OP and others reading, always get things in writing and in contract, OP I'm afraid you have nothing to claim back and you will lose your deposit if you back out now. The joys of a new build.


    Plus wouldn't you want your house to be done properly
    "It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"

    G_M/ Bowlhead99 RIP
  • Marvel1
    Marvel1 Posts: 7,447 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Any paperwork you signed, handing over 10% deposit?
  • good luck on finding a house you can now move into within next 4 weeks.
  • Davesnave
    Davesnave Posts: 34,741 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 3 November 2018 at 11:35AM
    utb100 wrote: »
    As far as I’m concerned, they have broke their contract and we should be able to walk away with our 10% deposit. Please could somebody give me some advice? Thanks.
    My advice is that unless the contract you had states a given time frame for completion, which has now been missed, you have no grounds on which to demand a return of your deposit.

    The email will not alter anything. Whose advice did you seek when deciding to act on the contents of the email? Did you use the developer's recommended solicitor?

    I predict that, with luck, you'll be moving-in around mid-January.
  • The delay is unfortunate and I can understand your frustration. However, a the delay is within reason. Some developers will even say that a delay within 3 months from a given date is reasonable. No deloper is going to accept a gun held to the head.

    Buying a property can be an anxious and stressful experience riddles with stumbling blocks and unforeseen events.

    If you are willing to walk away now, it means that you clearly didn't love the house enough. If you urgently need to relocate you can opt for temporary accommodation while your belongings are in storage.
  • Tell us more about the email from the construction director. Was it just sent to you? Did you show it to your solicitor? Did you reference it in correspondence with your solicitor?

    What was the exact wording?
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