Looking for some advice regarding ongoing water ingress problem. We purchased a duplex apartment in late 2007 for EUR580k and found it to be shoddily build, lots of minor incidences (leaks from flat roof above, leaks around windows, insufficient insulation etc., all fixed by developer as they were still on site at the time). However, fast forward to snow weather 18 months ago to find a major water ingress problem from common area terrace above our sitting room. Water came through walls and up through hardwood floors in the lower level of the property. So we had an independent engineer do an inspection and report, and made a claim to Homebond. Homebond has been on site for the last 18 months trying to fix the problem which is getting worse. They take some action, we wait til it rains to see if it worked. And it hasn't thus far. I realise we are 'lucky' that Homebond is engaging with us, and trying to remedy the problem and that we are in the 'process'. They were here yesterday, and said they were stumped' they just can't figure out how the water is still getting in after all the work they've done.
They are working in the dark; there are no architects plans, architect is gone bust and wont hand over plans (safety file). Developer gone bust. I have been to Dublin City Council, National Consumer Agency, local TD, RIAI etc etc etc, and no-one wants to know about it. Legal advice is that we could pursue the developer, and maybe get an award against him but would be left waiting for any kind of payment whilst incurring big legal fees.
We are in massive negative equity, and overpay our mortgage by EUR 250 per month. We want to move on with our lives but cannot sell due to the defect, and cannot rent it out as we're on a tracker (and rent wouldn't cover more that 2 thirds of the monthly mortgage payment plus the lender may get us off the tracker for renting). We cannot use the room properly, black mould on walls, plasterboard walls down and concrete slabs with water tracking down them exposed. So as well as the inconvenience of it all, it has affected our outlook; we feel trapped (two small children to think of as well).
Management Co is made up of owner occupiers as directors including myself (small complex) and handover isn't complete yet.
I have looked through the HB contract and don't understand the detail in some parts. If Homebond can't fix the problem, what happens? My understanding is that the insurance covers up to EUR1million - could we propose Homebond buys our property from us?
Any advice appreciated. Even knowing where to get sound legal advise is difficult for us as we've paid out so much in professional fees about this, but seem to be getting nowhere.
Thanks for reading!
They are working in the dark; there are no architects plans, architect is gone bust and wont hand over plans (safety file). Developer gone bust. I have been to Dublin City Council, National Consumer Agency, local TD, RIAI etc etc etc, and no-one wants to know about it. Legal advice is that we could pursue the developer, and maybe get an award against him but would be left waiting for any kind of payment whilst incurring big legal fees.
We are in massive negative equity, and overpay our mortgage by EUR 250 per month. We want to move on with our lives but cannot sell due to the defect, and cannot rent it out as we're on a tracker (and rent wouldn't cover more that 2 thirds of the monthly mortgage payment plus the lender may get us off the tracker for renting). We cannot use the room properly, black mould on walls, plasterboard walls down and concrete slabs with water tracking down them exposed. So as well as the inconvenience of it all, it has affected our outlook; we feel trapped (two small children to think of as well).
Management Co is made up of owner occupiers as directors including myself (small complex) and handover isn't complete yet.
I have looked through the HB contract and don't understand the detail in some parts. If Homebond can't fix the problem, what happens? My understanding is that the insurance covers up to EUR1million - could we propose Homebond buys our property from us?
Any advice appreciated. Even knowing where to get sound legal advise is difficult for us as we've paid out so much in professional fees about this, but seem to be getting nowhere.
Thanks for reading!