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Section 38 - indemnity insurance refund

taconite2
taconite2 Posts: 132 Forumite
Eighth Anniversary 100 Posts Combo Breaker
edited 9 January 2021 at 10:08PM in House buying, renting & selling
I've sold my house but there is no section 38 agreement in place. The reason being the builder never contacted the council to apply - even after 8 years.
This was picked up the buyers solicitor and my solicitor recommended indemnity insurance to cover this costing me £200. Sale went through after that no problems.
Is there a way to claim this back from the builder? The way I see it is their delay to transfer ownership to the council has lead to this cost in the first place. There's been a few properties on the estate that have sold, either the solicitors haven't been picking this up in searches or they've just done what I've done.

I tried contracting the builder twice and they haven't replied to my letters - one was recorded delivery - they clearly got it. I'm basically asking them to refund me the cost. Just to note the house was on a help to buy. So the builder profited from my sale when I owed them 10% of the sale.
Am I wasting my time here?
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