HELP please! Bought off-plan in Glasgow, VERY delayed, what can I do?

RecoveringAlcoholic

Residents in Scotland may benefit from this:

http://www.slab.org.uk/

Captain_Mainwaring_2

Lakey wrote: »

:search: Keep us posted and be a bit choosy on which threads you read here, I'm getting depressed reading some of them. If I believed what some people are writing, I'd be better off exchanging my house for a tent at millets.
You say its lost 20% in value, how have you calculated that?

Get the lawyer to draw up the contract on some of that nice pink paper with the stencilled flowery design from HobbyCraft - that will make it all right.

I am afraid you can't change the way things are becoming and as depressing as it may be you have to take the bull by the horns, that or face years of paying for it.

wriggly

Captain_Mainwaring wrote: »

I doubt it - the OP has left it 1.5 years past the due date without pursuing it.

If the original estimate was 2 years, then 1.5 years later is a reasonable time to wait before pursuing it. Put it this way, 2.5 years could be expected, 3 years is starting to be a significant delay, 3.5 years is getting beyond a joke. Even if there is no mention of the 2 years in the original contract, the purchaser has an expectation of completion within some time in the near future. Otherwise, the developer can just take the deposit and never build anything.

I would expect a court to be very sympathetic to the purchaser. If there is any evidence of the 2 years, then the purchaser should easily defend any claim against them.

If not, it depends a bit on how common it is to have to wait such a long time for completion. Has anyone heard of more than 3 years for completion time of off-the-plan, as a normal turn of events (i.e. not in cases of distressed builders)?

Lakey

:eek: Now Captain, I like to keep my head in the sand for as long as possible. Why suffer for several months before the inevitable when you can doodle with gold pen on pink paper for several months and on the day of reckoning BHAMM!! Take it on the chin.
Aint a lot I can do to change things, but what I can do is try to cheer people up.

Now bite my hand off, I'm your no. 1 Fan Capt..:beer:



But that could change.....

Captain_Mainwaring_2

wriggly wrote: »

If the original estimate was 2 years, then 1.5 years later is a reasonable time to wait before pursuing it. Put it this way, 2.5 years could be expected, 3 years is starting to be a significant delay, 3.5 years is getting beyond a joke. Even if there is no mention of the 2 years in the original contract, the purchaser has an expectation of completion within some time in the near future. Otherwise, the developer can just take the deposit and never build anything.

I would expect a court to be very sympathetic to the purchaser. If there is any evidence of the 2 years, then the purchaser should easily defend any claim against them.

If not, it depends a bit on how common it is to have to wait such a long time for completion. Has anyone heard of more than 3 years for completion time of off-the-plan, as a normal turn of events (i.e. not in cases of distressed builders)?

Do what?

At two years in that case we would expect that the OP would make a written request for a completion date, and not wait a further period - we don't even know that the OP has placed the vendor on notice yet.

This is straightforward contract law, if the Court was to be "sympathetic" then all property law contracts would be seen to be flawed.

At the time of signing the contract was the time to insist upon a "sell by" date.

It's really unfortunate and I nearly got drawn into a contract myself - I dropped it because the deposit wasn't interest bearing (50K) and wouldn't be held by a solicitor - has the OP actually appraoched the vendor and asked what the score is? the longer it is left without notice being served , the more difficult it will be to wriggle out of the terms of the contract.

Captain_Mainwaring_2

Lakey wrote: »

:eek: Now Captain, I like to keep my head in the sand for as long as possible. Why suffer for several months before the inevitable when you can doodle with gold pen on pink paper for several months and on the day of reckoning BHAMM!! Take it on the chin.
Aint a lot I can do to change things, but what I can do is try to cheer people up.

Now bite my hand off, I'm your no. 1 Fan Capt..:beer:



But that could change.....

That's the point isn't it? as soon as the expected completion date arrives then the OP needs to starting writing letters, 3 months after is the time to start whinging about contracts and telling the vendor that you want to back out - BUT.... it appeared to be a cast iron certaintity to make money, and the vendor couldn't put the price up - that advantage is double edged however, the same contract that would have allowed the purchaser to possibly make a big profit without doing anything also allow the vendor to ensure he makes the same profit in a falling market.

All the fine words you like won't butter his parsnips, a bit of forthright talking is the way to go . Trust me, I'm the Captain.

Lakey

But hey these guys are in a terrible pickle, and they seem so young.(might not be) and to be honest there are no words of real help I can give them.
Yes they were niave and possibly a bit greedy, but hey, that's me all over.
We do need your sound advice and it is very helpful I'm sure, but when you are in the position these guys are in, maybe the "I told you so" attitude don't go down too well.
Hence my airyfairy ways, annoying I know, but distracts from the awful situation if only for a nanosecond.
Nothing can get me down today Capt. I'm now officially NOT a newbie.:T

Keep up your sterling work, phew... I thought you were gonna give me a pasting.

Captain_Mainwaring_2

I'm not trying to depress the poor sod - unlike the other herbert who blamed everyone for exactly the same situation.

As I said I could have got myself into the same situation - only having been very tight for money in the past and extremely suspicious of what looks to be too good to be true, stopped me possibly making the same mistake.

If one person reads my waffle and it sticks in their mind and prevents them making the same mistake then it has to be worth it.

daverave7

What's OP?!!! Purchaser?

I'm gonna dig out my 'estimated completion dates' as given by the developer. Im sure I have a letter dated June 2007 saying the estimated date of completion is October 2007. BUT still not completed - and I'll put money on them not being completed come October 2008.

daverave7

wriggly wrote: »

If the original estimate was 2 years, then 1.5 years later is a reasonable time to wait before pursuing it. Put it this way, 2.5 years could be expected, 3 years is starting to be a significant delay, 3.5 years is getting beyond a joke. Even if there is no mention of the 2 years in the original contract, the purchaser has an expectation of completion within some time in the near future. Otherwise, the developer can just take the deposit and never build anything.

I would expect a court to be very sympathetic to the purchaser. If there is any evidence of the 2 years, then the purchaser should easily defend any claim against them.

If not, it depends a bit on how common it is to have to wait such a long time for completion. Has anyone heard of more than 3 years for completion time of off-the-plan, as a normal turn of events (i.e. not in cases of distressed builders)?

I'd be interested in any answers to the above questions!!!