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Ultra64
Posts: 24 Forumite
Hello all,
I need advise. I put down a reservation fee down in November 2016 on a new build property that they said would be ready for completion of February 2017. We exchanged contracts in January 2017.
The development is about a year and 5 months behind schedule now, and was all ready to complete any day now, as other people in the block had been served the completion notice. Out of the blue I get a phone call this morning from the estate agent saying they have a received en email from the developer's solicitor saying they are terminating the contract with me!!!
Does anyone know where I stand legally? If this definitely gets cancelled and I lose the property I 100% intend to take the developers to court.
I have wasted a year and half waiting for this property to be finished, I have purchased furniture to go in this particular property, I have solicitors fees I still need to pay, I have had to extend my mortgage 3 times which has cost me extra money, and the biggest one out of all of them is property prices have risen, I will no longer be able to get a property like this one again now.
Any advise and help would be gratefully appreciated.
Many Thanks
I need advise. I put down a reservation fee down in November 2016 on a new build property that they said would be ready for completion of February 2017. We exchanged contracts in January 2017.
The development is about a year and 5 months behind schedule now, and was all ready to complete any day now, as other people in the block had been served the completion notice. Out of the blue I get a phone call this morning from the estate agent saying they have a received en email from the developer's solicitor saying they are terminating the contract with me!!!
Does anyone know where I stand legally? If this definitely gets cancelled and I lose the property I 100% intend to take the developers to court.
I have wasted a year and half waiting for this property to be finished, I have purchased furniture to go in this particular property, I have solicitors fees I still need to pay, I have had to extend my mortgage 3 times which has cost me extra money, and the biggest one out of all of them is property prices have risen, I will no longer be able to get a property like this one again now.
Any advise and help would be gratefully appreciated.
Many Thanks
0
Comments
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You need to advise your solicitor of the situation and ask them to check the contract to see what you can do. Contracts can and do have additional terms put into them so you'd need the solicitor to see exactly what is written in the contract to determine if you have a claim against the developer.0
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Well, your solicitor will know. Have you spoken to them yet? Any attempts to terminate the contract will be via them rather than the estate agents.Does anyone know where I stand legally?
Even if the contract permits them to terminate it? Might not be much you can do.If this definitely gets cancelled and I lose the property I 100% intend to take the developers to court.0 -
Gary123456790 wrote: »You need to advise your solicitor of the situation and ask them to check the contract to see what you can do. Contracts can and do have additional terms put into them so you'd need the solicitor to see exactly what is written in the contract to determine if you have a claim against the developer.
My solicitors are not very good. They really sound like they don't care and there doesn't seem to be any sense of urgency with them. I called them straight away, but they said the person I need to speak to isn't in today.0 -
Did they say when the person you need to speak to was back?My solicitors are not very good. They really sound like they don't care and there doesn't seem to be any sense of urgency with them. I called them straight away, but they said the person I need to speak to isn't in today.
If only a few days then I can understand the apparent lack of urgency - it would probably take a fair bit of time for a different solicitor to go through the file and work out what is what in it.
I assume you are using proper solicitors rather than a cheap conveyancing company?0 -
Well, your solicitor will know. Have you spoken to them yet? Any attempts to terminate the contract will be via them rather than the estate agents.
Even if the contract permits them to terminate it? Might not be much you can do.
Yes, as it is a matter of principal. I know that may cost me money and is fairly stupid, but I have wasted almost a year and half, constant stress, constant promises broken from the developer. I am also now priced out of the property market.0 -
PS My solicitor are saying they haven't recieved the termination notice yet, even though the estate agent said they are definitely on the mailing list. (again, my solicitors have been pretty rubbish over the last year and a half).0
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ciderboy2009 wrote: »Did they say when the person you need to speak to was back?
If only a few days then I can understand the apparent lack of urgency - it would probably take a fair bit of time for a different solicitor to go through the file and work out what is what in it.
I assume you are using proper solicitors rather than a cheap conveyancing company?
They should be back in tomorrow hopefully. Yes they are a proper solicitor.0 -
I hope they weren't recommended by the developer.Yes they are a proper solicitor.
To be honest, some of the things you might like to claim against the developer for, like furniture not now needed, could never be something they'd be liable for, nor could they be responsible for changes in the market. Throwing good money after bad out of anger would be counter-productive and silly. Focus on the contract itself.
I doubt if you are 'priced out of the market,' but you might now be priced out of the market you aspire to. It has happened to many of us.0 -
Does your contract with them make any reference to the developer having a termination clause? If so, what does it say?0
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Do you have a copy of the contract you signed/exchanged with the developer?0
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