Advice re Delayed Completion on Newbuild caused by Builder

dothenumbersaddup

My daughter exchanged an a new build a month ago, with completion set for last Thursday after she was served with a notice by the builder. Imagine the shock when she was advised late on Wednesday that she could not complete!  There were two reasons for this, firstly, the builders solicitors had given the wrong postcode to all parties, secondly the builders fencers had installed the fence in the wrong place.  These issues meant my daughters solicitor has had to send the completion monies back to the lender and await their instruction re the post code change, and await the land registry clearing the boundary issue under the OS2 process.  The solicitor hopes my daughter will be able to complete next Wednesday, but it is going to be a close run thing.  The most frustrating aspect is that the email trails show both issues could have been sorted out earlier to avoid this happening, they were not late breaking issues. Wondered if anyone else had encountered these types of problems, and has any advice?

davidmcn

What advice has her solicitor given her? Presumably she had the contract explained to her before she exchanged - that should set out what happens if the builder is in breach. Is she suffering any financial loss?

dothenumbersaddup

Thanks for the question, the solicitor advises that the builder will breach the 14 day notice and has suggested they will pursue a goodwill payment with the builder because my daughter does not have any major expenses, just loads of disappointment and frustration.  I share the disappointment because it was all foreseeable and preventable on the builders part.  The most upsetting element is the uncertainty and information vacuum that existed on Thursday and Friday, and will run into next week, when she had booked leave to undertake the move.  I know there are many greater issues out there, but if my daughter had breached the contract would the builder have been as understanding?

[Deleted User]

It is disappointing and frustrating, especially for a first time buyer (I remember the excitement buying the only time I did).  However, she will still move, but will be a couple of weeks later?  If she hasn't had problems with a LL., I think she is better off just swallowing hard, and recognising the property is still there waiting to be moved into, albeit slightly delayed.  Some new build delays can be months.  It IS disappointing,  but not earth shattering.

greyteam1959

It would be nice if some sort of goodwill gesture was forthcoming from the builder.

dothenumbersaddup

Just to update, builder still hasn’t sorted out a date for completion or offered any support in the meantime. 

Doozergirl

Get her solicitor to do their job and tell her what she is entitled to claim from them, or if she is able to serve notice now that they've served notice.  

It's not surprising that they haven't done much given that the builders have probably just had 2 weeks off.  

Developers tend to tie contracts up in their own favour but in a second hand sale, there would at least be interest due on the purchase amount.  It won't be an awful lot at about 0.01% per day, if she is entitled to it.  

diego_94

I hope she hasn't used the Developers recommended solicitor?