Pressured to exchange on new build but it's the developer's solicitors who are causing the delay

Wilseus

Hi,
My partner and I are in the process of purchasing a new build property from a well known developer. The house is now finished and the developer wants us to complete at the end of this month. But despite the developer's solicitor having had since mid-May to reply to our enquiries, they still have not responded to everything adequately.

The list of issues includes:
- Initially not responding at all for months despite repeated chasing by our solicitor, and only doing so when I complained to the developer.
- Failure to provide various documents about the property that are required by our lender
- Providing documents for the wrong plot
- Providing contradictory information about various important issues
- Generally providing incomplete responses to enquiries despite to be chased repeatedly for it, then accusing our solicitors of repeatedly raising the same enquiries.

On the face of it, their conveyancer appears to be completely incompetent at best.

And at the same time, the developer is threatening to impose deadlines and is justifying that by saying that other houses adjacent to "ours" have already exchanged with no problems. Assuming they are telling the truth, this doesn't make sense.

Has anyone else had this problem? What can we do? How likely is the developer to put the house back on the market, despite it being their fault and not ours?

This whole saga has become so stressful that we are tempted to just walk away, but we would lose the considerable amount of money we have already paid them (yes, I know, I won't make that mistake again) if we were to do that. Any advice?

eddddy

In your position, I think I'd say something like this to the developer...

Everything's going well, our solicitor is just waiting on the the following things from your solicitor...
....
....
Could you, or somebody in your team, get on to your solicitor and tell them to get a move on, because we're desperate to get contracts exchanged.

Maybe you could call me once you've got some feedback from your solicitors, perhaps with a timescale for getting this sorted.


And start calling the developer every day or two, to chase them for updates on progress.

(i.e. make it their problem - not yours.)

user1977

Just tell them what you've told us, and that they need to instruct their solicitor to get their finger out if they want you to exchange. 

Wilseus

Thanks both of you, telling them what I have told you is more or less what I have already done a couple of times now!

user1977

Wilseus said:

Thanks both of you, telling them what I have told you is more or less what I have already done a couple of times now!

Keep on doing it until they get the hint.

Wilseus

Well that was fun. Not.

Despite the delays being at their end, caused by their solicitors, they still threatened to take the plot from us if we didn't exchange and complete by the end of the week. Then, at the eleventh hour, they moved the proposed completion date to the middle of September. Even our conveyancer, who has seen it all, is furious with them. At least we have exchanged now though.

Honestly, while we are happy so far with the house and the standard of workmanship, they really have treated us appallingly these past few months. It shouldn't be allowed in my opinion, and I wouldn't recommend buying a new build to anyone until the law is changed.