New build defects advice

BigZGolfer

MikeJXE said:

Who  is the developer 

Have you done research on them ?

Can't remember the name off the top of my head, let me dig it out. I have done research, very little findings given they are only small and local apart from a few negative reviews on trustpilot which I took with a pinch of salt given people only usually pipe up when they've got something to complain about

Albermarle

BigZGolfer said:

Albermarle said:

You have choices, which all come with downsides.

1) Go ahead and exchange, and hope that at least some of the issues get sorted eventually. ( although they might not)
2) Pull out, and you will lose everything spent so far . Often new houses have a reservation fee as well as the normal costs.
3) Threaten to pull out unless at least all the more major issues are sorted out. Then hold your breath as it could go either way. If the developer pulls the plug, then they will have to remarket it and probably have to do the repairs before doing that anyway, so hopefully they will see sense.

I think when buying from a developer and dealing with their solicitors, they are going to play more hard ball than most normal vendors. So you either rollover/pull out/play hard ball back. 

Thanks, option 1 wouldn't be too bad if they were small snags, or if we could make it a legal mandate to hold off on completion until fixed but have been told we can't. Therefore option 3 seems like the way to go, only concern is I know other properties in the development have sold so I don't think the developer would have a hard time flogging it, I know that most sales thus far have been your average FTB schmuck who either doesn't really know what they're doing or is willing to look past it because of a crippling desperation to get on the property ladder.

Once you have exchanged, you are committed, so will be difficult to delay completion until things get sorted.
Before exchange you have not committed, the deal is provisional at best, and either party can walk away at any time.

BigZGolfer

Albermarle said:

BigZGolfer said:

Albermarle said:

You have choices, which all come with downsides.

1) Go ahead and exchange, and hope that at least some of the issues get sorted eventually. ( although they might not)
2) Pull out, and you will lose everything spent so far . Often new houses have a reservation fee as well as the normal costs.
3) Threaten to pull out unless at least all the more major issues are sorted out. Then hold your breath as it could go either way. If the developer pulls the plug, then they will have to remarket it and probably have to do the repairs before doing that anyway, so hopefully they will see sense.

I think when buying from a developer and dealing with their solicitors, they are going to play more hard ball than most normal vendors. So you either rollover/pull out/play hard ball back. 

Thanks, option 1 wouldn't be too bad if they were small snags, or if we could make it a legal mandate to hold off on completion until fixed but have been told we can't. Therefore option 3 seems like the way to go, only concern is I know other properties in the development have sold so I don't think the developer would have a hard time flogging it, I know that most sales thus far have been your average FTB schmuck who either doesn't really know what they're doing or is willing to look past it because of a crippling desperation to get on the property ladder.

Once you have exchanged, you are committed, so will be difficult to delay completion until things get sorted.
Before exchange you have not committed, the deal is provisional at best, and either party can walk away at any time.

But surely its completion subject to XYZ? I don't see why completion subject to these defects being remedied is any different to your usual T&Cs such as completion subject to vacant possession etc. 

gwynlas

Small and local is good in that you can access local media to shame them if they start trying to force you to go ahead. 
Refuse to exchange until faults rectified take photos or videos as evidence and rell your solicitor to sit tight.
No need  to talk to them directly and the ball is in their court.

ReadySteadyPop

BigZGolfer said:

MikeJXE said:

Not really 

Probably a different generation 

I viewed a few times during the construction stages and they tended to fix issues I brought up. 

Buying a home is the biggest investment of your life and it needs to be right, I see the horror stories people have with new builds. 

Maybe what seems odd to you is covered by anything you signed from the builders perspective, does he have some kind of hold over you ? 

I know my granddaughter had to sign an agreement before it was even started being built but because I knew the builder or rather his dad I advised she was safe 

My granddaughter bought a new build 3 years ago (Davidson Homes) and I used to sneak in when it was being built, no snags and no issues to date 

I think it depends a lot on the builder reputation, 

So thankfully i'm not buying off-plan (at least the development is supposed to be finished...). Only thing I signed was to reserve the property and take off the market, nothing in there about this kind of stuff. Builder is a small, local developer which I initially thought would be better than your nationwide guys such as TW / Barratt but the reviews online are poor. Didn't think too much of it at the time since its usually a case of people only reviewing when they've got something bad to say (classic negativity bias) though now I'm starting to wish I'd listened lol

How much financially do you lose by pulling out?

Albermarle

BigZGolfer said:

Albermarle said:

BigZGolfer said:

Albermarle said:

You have choices, which all come with downsides.

1) Go ahead and exchange, and hope that at least some of the issues get sorted eventually. ( although they might not)
2) Pull out, and you will lose everything spent so far . Often new houses have a reservation fee as well as the normal costs.
3) Threaten to pull out unless at least all the more major issues are sorted out. Then hold your breath as it could go either way. If the developer pulls the plug, then they will have to remarket it and probably have to do the repairs before doing that anyway, so hopefully they will see sense.

I think when buying from a developer and dealing with their solicitors, they are going to play more hard ball than most normal vendors. So you either rollover/pull out/play hard ball back. 

Thanks, option 1 wouldn't be too bad if they were small snags, or if we could make it a legal mandate to hold off on completion until fixed but have been told we can't. Therefore option 3 seems like the way to go, only concern is I know other properties in the development have sold so I don't think the developer would have a hard time flogging it, I know that most sales thus far have been your average FTB schmuck who either doesn't really know what they're doing or is willing to look past it because of a crippling desperation to get on the property ladder.

Once you have exchanged, you are committed, so will be difficult to delay completion until things get sorted.
Before exchange you have not committed, the deal is provisional at best, and either party can walk away at any time.

But surely its completion subject to XYZ? I don't see why completion subject to these defects being remedied is any different to your usual T&Cs such as completion subject to vacant possession etc. 

But after exchange they have got your deposit, so if you pull out because you are still not happy , then you will lose that, and/or get involved in some long legal wrangle.