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

daverave7

3under3 wrote: »

I didn't think it was such a pointless post. I think the point they were trying to make was that the contracts seems to be stacked way too much in favour of the builders with seemingly no ever comeback from those purchasing in the case of these delays. Seems unreal that a builder can take a deposit and delay and delay safe in the knowledge that the buyers they have taken deposits from have no redress.

Ok, I see that point - and it does seem unreal, that's why I ask whether legally they can do this? But some people are on their keyboard at the earliest opportunity to almost say "ha ha I told you so" to those who are now in financial difficulty due to not predicting the market correctly. Quite sick that these people have pleasure in seeing others not do well and get into such financial difficulty. If I post on an alcoholics forum, I would not expect people to gloat and tell me that we told you so... you shouldnt have drunk XX bottles of XXXXX a week.

BrandNewDay

daverave7 wrote: »

Yet another pointless response which doesn't help me nor flip flop. Why bother posting?

Because, Dave, few people actually post to message boards simply to help strangers. If all you want is strictly helpful feedback, go pay a solicitor.

BrandNewDay

daverave7 wrote: »

Ok, I see that point - and it does seem unreal, that's why I ask whether legally they can do this? But some people are on their keyboard at the earliest opportunity to almost say "ha ha I told you so" to those who are now in financial difficulty due to not predicting the market correctly. Quite sick that these people have pleasure in seeing others not do well and get into such financial difficulty. If I post on an alcoholics forum, I would not expect people to gloat and tell me that we told you so... you shouldnt have drunk XX bottles of XXXXX a week.

Um, Dave?.... I wasn't gloating. I was talking about how screwed-up the situation is. There was no "Ha-ha, I told you so." I was just pointing out that....

oh, never mind.

daverave7

BrandNewDay wrote: »

Um, Dave?.... I wasn't gloating. I was talking about how screwed-up the situation is. There was no "Ha-ha, I told you so." I was just pointing out that....

oh, never mind.

Not aimed at you Brand. You just stated facts... although they don't help the situation. I'll give you a double thanks as way of an apology!
You're right in saying a that paying a solicitor is the way forward. But my current solicitor seems to know less than me.

daverave7

BrandNewDay wrote: »

Because, Dave, few people actually post to message boards simply to help strangers.

Disagree. I normally find, in particular in other sections of this site, full of very helpful posters whom are very willing to help strangers. But not so much when it involves the housing market!

bluejake

Generali wrote: »

What do you gain by posting this? Everyone (including the OP) can see where the housing market is going. (S)he's after some help not a commentary on the state of the housing market!

It needs to be posted again and again I'm afraid. If anyone needs to contemplate what they have posted it is 'the property prices only go up ..quick get on the housing ladder' crowd. People wouldn't be in a mess if they had listened to those people who talked sense. I'm afraid common sense and a grasp of basic economics isn't common or we wouldn't have had the housing bubble in the first place. Take this post from yesterday:

'I dont know where you are from but the market is not in a desperate state, house prices are not dropping they are just reaching the level that they should have been marketed for in the first place.
After all the so called crash hype people are starting to realise that it has not happened and are now starting to buy once more.'

There are still those who think the property market will return to 'normal' in a few months or a year or whatever. 'Quick grab the opportunity before its gone'

What would be nice if all those people who were advising people to buy buy buy because property prices always go up, came on here and apologised to those moneysavers who were given crap advice and are now facing a bleak future.

Of course whilst they couldn't stop talking about property prices when they were rising, now they are falling everyone should just shut up.

Captain_Mainwaring_2

daverave7 wrote: »

Disagree. I normally find, in particular in other sections of this site, full of very helpful posters whom are very willing to help strangers. But not so much when it involves the housing market!

Unfortunately you didn't see fit to ask advice before you signed the contract, and again without wish to rub salt, I doubt the OP would have asked the question if the market had been on the up (and maybe you too), but it isn't is it? it's on the down. You really cannot have your cake and eat it, you'd be happy to be bound to the contract to make a profit, but not to make a loss.


I would suggest that there would be a six year limitation on the contract after which the developer would be unable to pursue you for damages if you failed to complete.

With the amount of money at stake you really need to get a damned good contract lawyer, is it possible that your side can serve notice to complete?
In saying that though you'd be in a mess if they were able.
In the case of the OP - it was left much too long to make an issue of this (until the 4rse fell out of the prices) - action needed to be started as soon as the first date for completion passed.

Captain_Mainwaring_2

daverave7 wrote: »

Not aimed at you Brand. You just stated facts... although they don't help the situation. I'll give you a double thanks as way of an apology!
You're right in saying a that paying a solicitor is the way forward. But my current solicitor seems to know less than me.

That's all right then, you just gently cruise down the river of financial disaster with the lawyer at the helm -

If the lawyer is not delivering then for the love of sweet baby Jesus you need to find a good one. If you don't I think it is unlikely that you can rely upon the charityof the developer to void the contract.

The threat of these damages would be worrying me to death - I would be knocking at the door of the most smug looking lawyer I could find without a moments delay, not waiting for some half baked old fogy who scrapes a living doing a bit of conveyancing.