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  • FIRST POST
    • Ultra64
    • By Ultra64 14th May 18, 1:44 PM
    • 24Posts
    • 15Thanks
    Ultra64
    Vendor / developer has pulled out after exchange
    • #1
    • 14th May 18, 1:44 PM
    Vendor / developer has pulled out after exchange 14th May 18 at 1:44 PM
    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
    Last edited by Ultra64; 14-05-2018 at 1:46 PM. Reason: spelling mistakes
Page 3
    • Ultra64
    • By Ultra64 15th May 18, 9:36 AM
    • 24 Posts
    • 15 Thanks
    Ultra64
    These were the issues I found with the flat and complained about. And this is why I think I have lost the property, even though they are completely valid:

    https://www.flickr.com/photos/158160210@N04/sets/72157668853007918
    • moneyistooshorttomention
    • By moneyistooshorttomention 15th May 18, 9:42 AM
    • 16,156 Posts
    • 44,499 Thanks
    moneyistooshorttomention
    I see what you mean.

    Those things are indeed unacceptable standard.

    One of the whole reasons for buying a new-build is that one can "just move in" and get on with it.
    ****************
    • ScorpiondeRooftrouser
    • By ScorpiondeRooftrouser 15th May 18, 9:47 AM
    • 2,644 Posts
    • 4,174 Thanks
    ScorpiondeRooftrouser
    Can you answer the question as to whether these solicitors were recommended by the developer?

    Can you answer as to whether the solicitors properly informed you that the contract could be cancelled by either side at any time?

    If you were told this could happen and chose to continue, you can't start kicking off now because it did happen. The developers are legally absolutely in the right. You may have a case against your solicitors, so please answer the questions about your solicitors instead of raging at the developers. Forget the petty revenge and "naming and shaming"; it can't help you and the person you are listening to has absolutely no conception of the law.
    Last edited by ScorpiondeRooftrouser; 15-05-2018 at 9:51 AM.
    • Cheeky_Monkey
    • By Cheeky_Monkey 15th May 18, 9:54 AM
    • 1,736 Posts
    • 3,665 Thanks
    Cheeky_Monkey
    Good grief, that's horrendously shoddy work

    Maybe the flat didn't pass Building Control inspection?
    I used to be indecisive - now I'm not so sure
    • Ultra64
    • By Ultra64 15th May 18, 10:24 AM
    • 24 Posts
    • 15 Thanks
    Ultra64
    Can you answer the question as to whether these solicitors were recommended by the developer?

    Can you answer as to whether the solicitors properly informed you that the contract could be cancelled by either side at any time?

    If you were told this could happen and chose to continue, you can't start kicking off now because it did happen. The developers are legally absolutely in the right. You may have a case against your solicitors, so please answer the questions about your solicitors instead of raging at the developers. Forget the petty revenge and "naming and shaming"; it can't help you and the person you are listening to has absolutely no conception of the law.
    Originally posted by ScorpiondeRooftrouser
    They were recommended by the estate agent, and of course I thought no way...but then a close friend who is in the business said they are a really good solicitor so I went with them. The solicitor didn't verbally say that this could be the case...but it is obviously written in the contract. I am in no doubt I have a fight on my hands as it's written in black and white, but to do this to someone 11 months after they could have backed out is terrible...and all because I complained about how bad their work is on something I am about to spend a lot of money on.

    https://www.flickr.com/photos/158160210@N04/sets/72157668853007918
    • Ultra64
    • By Ultra64 15th May 18, 10:26 AM
    • 24 Posts
    • 15 Thanks
    Ultra64
    Good grief, that's horrendously shoddy work

    Maybe the flat didn't pass Building Control inspection?
    Originally posted by Cheeky_Monkey
    Apparently it did.
    • Ultra64
    • By Ultra64 15th May 18, 10:27 AM
    • 24 Posts
    • 15 Thanks
    Ultra64
    I see what you mean.

    Those things are indeed unacceptable standard.

    One of the whole reasons for buying a new-build is that one can "just move in" and get on with it.
    Originally posted by moneyistooshorttomention
    Exactly, you are not going to drive a brand new car out the showroom with scratches all over it and parts missing.
    • LandyAndy
    • By LandyAndy 15th May 18, 10:45 AM
    • 24,352 Posts
    • 51,457 Thanks
    LandyAndy
    TBH I think they may have done you a favour in the long run.
    • Cheeky_Monkey
    • By Cheeky_Monkey 15th May 18, 10:47 AM
    • 1,736 Posts
    • 3,665 Thanks
    Cheeky_Monkey
    In the state that it's in, I'd be amazed if they could sell it to anyone else!

    Maybe the developer has decided to keep it and rent it out.
    I used to be indecisive - now I'm not so sure
    • hazyjo
    • By hazyjo 15th May 18, 10:56 AM
    • 10,711 Posts
    • 14,064 Thanks
    hazyjo
    TBH I think they may have done you a favour in the long run.
    Originally posted by LandyAndy
    Exactly. If they've not been very helpful before you move in (and are even turning it around and blaming you for not selling!), can you imagine how hard it will be if/when you find problems and try to get them to sort it once you own it? They should be sucking up to you as a buyer!


    Seriously, looking at those pics - you should have exercised YOUR right to run for the hills even after exchanging. I'd not touch it with a bargepole. I'd be wary of a house that bad if it was 100 years old. Mine's Edwardian and nowhere near that bad. Certainly wouldn't want to buy a new one with that much wrong with it. Can you imagine the state of it in say 10 years' time? I bet there will be cracks all over and it wouldn't surprise me to find it's sunk in places. I dread to think what's underneath it. Shoddy doesn't quite cover it.
    Last edited by hazyjo; 15-05-2018 at 10:57 AM. Reason: Edited first para
    2018 wins: Single Malt Whisky; theatre tickets; festival tickets; year of gin(!); shoes
    • david1951
    • By david1951 15th May 18, 11:23 AM
    • 406 Posts
    • 472 Thanks
    david1951
    I have purchased furniture to go in this particular property these costs won't be recoverable*, I have solicitors fees I still need to pay hopefully you can negotiate a reduced fee IF they didn't properly advise you of the terms of the contract, I have had to extend my mortgage 3 times which has cost me extra money these costs won't be recoverable*, and the biggest one out of all of them is property prices have risen these costs won't be recoverable*, I will no longer be able to get a property like this one again now probably for the best by the looks of it!
    Originally posted by stuco36
    * in my non-legally qualified opinion. In five/ten years time you will have forgotten about this and will hopefully be a home that isn't falling apart at the seams. Yes, you have lost a bit of money but that is always a risk when buying a house. Most of the time you can't recoup your costs when it falls through.
    • davidmcn
    • By davidmcn 15th May 18, 11:54 AM
    • 8,045 Posts
    • 8,311 Thanks
    davidmcn
    Seriously, looking at those pics - you should have exercised YOUR right to run for the hills even after exchanging.
    Originally posted by hazyjo
    And the developers probably realise that - why should they spend more time/money sorting out the problems if the OP can still pull out whenever they want to.
    • moneyistooshorttomention
    • By moneyistooshorttomention 15th May 18, 11:57 AM
    • 16,156 Posts
    • 44,499 Thanks
    moneyistooshorttomention
    They were recommended by the estate agent, and of course I thought no way...but then a close friend who is in the business said they are a really good solicitor so I went with them. The solicitor didn't verbally say that this could be the case...but it is obviously written in the contract. I am in no doubt I have a fight on my hands as it's written in black and white, but to do this to someone 11 months after they could have backed out is terrible...and all because I complained about how bad their work is on something I am about to spend a lot of money on.

    https://www.flickr.com/photos/158160210@N04/sets/72157668853007918
    Originally posted by stuco36
    It would have been better, in hindsight, not to listen to even a "close friend". Even people one thinks of as good friends can "have their own agendas" or be naive etc etc.

    But - it is what it is and it's down to not making that mistake again - ie of even taking the word of the "closest of friends" if they might have a "conflict of interests" or be naive. That's one lesson to learn for future reference in life unfortunately. Yes - even close friends when told they havent been as "loyal" as one would expect from a friend can/do turn round and say "Well, I had a conflict of interests" ..........

    As these developers have obviously, by the sound of it, identified you as a "troublemaker" and had visions of you forming an owners association against them or taking them to building control people (and encouraging others to do so) etc - it does sound (to me) as they didnt want "Trouble" and you need to get the message over to them of = If you thought I'd be Trouble if you didn't cancel on me like that, then just wait and see how much Trouble I can be if you don't change your minds.

    Probably best - given the state of the place - to be aiming now for compensation, rather than actually getting the place.
    Last edited by moneyistooshorttomention; 15-05-2018 at 12:04 PM.
    ****************
    • pinkshoes
    • By pinkshoes 15th May 18, 12:00 PM
    • 15,844 Posts
    • 21,765 Thanks
    pinkshoes
    See it as a blessing in disguise!

    They arent going to fix those problems. They are going to botch them and cover them up.

    Over a year late, shoddy work... TAKE YOUR MONEY AND RUN!!!!!!
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
    • ScorpiondeRooftrouser
    • By ScorpiondeRooftrouser 15th May 18, 12:59 PM
    • 2,644 Posts
    • 4,174 Thanks
    ScorpiondeRooftrouser
    They were recommended by the estate agent, and of course I thought no way...but then a close friend who is in the business said they are a really good solicitor so I went with them. The solicitor didn't verbally say that this could be the case...but it is obviously written in the contract. I am in no doubt I have a fight on my hands as it's written in black and white, but to do this to someone 11 months after they could have backed out is terrible...and all because I complained about how bad their work is on something I am about to spend a lot of money on.

    https://www.flickr.com/photos/158160210@N04/sets/72157668853007918
    Originally posted by stuco36
    Ok, they may be a good solicitor. How much business do they get through you? How much do they get through the developer? Who are they going to want to keep happy?

    Please get out of the idea that you are going to have a fight with the developer. You are not. They have exercised their legal rights correctly. The fact that the thing they haven't sold you was substandard is not your problem any more, because you are not buying it.

    If you want to have a fight have it with the solicitor. If they never told you about the termination clauses, they should have. They appear to have put the interests of the developer above yours. The developer is obviously allowed to do this; they are not. You're aiming at the wrong target.
    • AnotherJoe
    • By AnotherJoe 15th May 18, 3:18 PM
    • 9,852 Posts
    • 11,017 Thanks
    AnotherJoe
    They were recommended by the estate agent, and of course I thought no way...but then a close friend who is in the business said they are a really good solicitor so I went with them. The solicitor didn't verbally say that this could be the case...but it is obviously written in the contract. I am in no doubt I have a fight on my hands as it's written in black and white, but to do this to someone 11 months after they could have backed out is terrible...and all because I complained about how bad their work is on something I am about to spend a lot of money on.

    https://www.flickr.com/photos/158160210@N04/sets/72157668853007918
    Originally posted by stuco36
    Why on earth would you want to "fight" or spend a lot of money, to buy this shoddy work?
    • steampowered
    • By steampowered 15th May 18, 4:29 PM
    • 2,671 Posts
    • 2,604 Thanks
    steampowered
    I have the section in the agreement:

    If such notice has not been served by the termination date then either party may determine this agreement by serving on the other written notice to that effect whereupon this agreement shall lapse and the deposit shall be returned to the Buyer within 10 working days of such determination.
    Originally posted by stuco36
    What does the paragraph (or couple of paragraphs) immediately before that one say please?

    This is very relevant to determining whether you can complain about your solicitor.
    • walwyn1978
    • By walwyn1978 15th May 18, 9:04 PM
    • 487 Posts
    • 460 Thanks
    walwyn1978
    Another vote for getting what you can out of your solicitor and chalking this one up to a lucky escape, I'm afraid. Yes, you probably got the Black Spot put on you because you dared to complain and then carried on doing so. But having seen those pictures I have no faith that the works were actually done properly in the first place or indeed that any work done under warranty etc would be of any quality at all. That's not 'snagging' - that's seriously incompetent work or perhaps being charitable such poor quality of materials the workmen had to use this kind of thing was inevitable. Either way, you don't want to be living there and as and when you come to sell it if it's like this now what will it be like then?

    I guess it must be hard having spent the money and become emotionally attached to what you think of as 'your house'. Good luck with whatever you decide to do next.
    Last edited by walwyn1978; 16-05-2018 at 8:57 AM.
    • Ultra64
    • By Ultra64 15th May 18, 10:34 PM
    • 24 Posts
    • 15 Thanks
    Ultra64
    Another vote for getting what you can out of your solicitor and chalking this one up to a lucky escape, I'm afraid. Yes, you probably got the Black Spot put on you because you dared to complain and then carried on doing so. But having seen those pictures I have no faith that the works were actually done properly in the first place or indeed that any work done under warranty etc would be of any quality at all. That's not 'snagging' - that's seriously incompetent work or perhaps being charitable such poor quality of materials the workmen had to use this kind of thing was inevitable. Either way, you don't want to be living there and as and when you come to sell it if it's like this now what will it be like then?

    I guess it must be hard having spent the money and become emotionally attached to what you Thingy of as 'your house'. Good luck with whatever you decide to do next.
    Originally posted by walwyn1978
    Thank you. Yes it has been difficult coming to terms with all this, considering I have been planning to move in for 19 months. I have got so much stuff purchased ready for the flat, it's quite depressing.
    • Ultra64
    • By Ultra64 15th May 18, 10:45 PM
    • 24 Posts
    • 15 Thanks
    Ultra64
    What does the paragraph (or couple of paragraphs) immediately before that one say please?

    This is very relevant to determining whether you can complain about your solicitor.
    Originally posted by steampowered
    It says For the avoidance of doubt payment of the full purchase price shall be deemed to be satisfied by the buyer having entered into both of the equity mortgage document and paid the reduced purchase price as described above. I will add it to the the pictures so you can see it properly. (it's the last image)

    https://www.flickr.com/photos/158160210@N04/albums/72157668853007918
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