Breach of contract for minor omission?

Hi

Im due to close soon on an apartment. The develeoper is being very heavy handed with the terms of the contract, from aggresive letters to early completion notices and I am feeling bullied.

The snag work are due to be completed 7 days ( according to the contract they quoted when bullying us into the snag ) after the list submitted into them. This has not happened on time now.

Is the developer now in breach for this omission, based on their own contactual terms and can I use this as some leverage to buy time in closing?

thanks
C

Shouldn't you be asking your solicitor?

ClubMan said:

Shouldn't you be asking your solicitor?

Click to expand...

Isn't this a place where people can also come for advice?

Yes but the original poster's solicitor is best placed to comment authoritatively on this specific issue. My opinion would be that the original poster is unlikely to be able to claim that the contract has been breached over relatively minor snags and delays. But I'm no expert.

ClubMan said:

Yes but the original poster's solicitor is best placed to comment authoritatively on this specific issue. My opinion would be that the original poster is unlikely to be able to claim that the contract has been breached over relatively minor snags and delays. But I'm no expert.

Click to expand...

Indeed you are not. Nor am I. But many solicitors do read AAM, which is why it was a perfectly legitimate question to ask.

I really wish you would stop this annoying habit of yours of lampooning people for merely having the insolence to ask questions on AAM. Isn't that what the site is for?

Otherwise, the whole site may as well be pulled down and and a banner reading "Seek professional advice" erected in its place. :mad:

HorseBox said:

I really wish you would stop this annoying habit of yours of lampooning people for merely having the insolence to ask questions on AAM.

Click to expand...

Where did I "lampoon" the original poster for "insolence"?

Why don't you try reading the posting guidelines, in particular...

Controversy and argument are welcome. But please keep your comments civil. Attack an opinion by all means, but please don't attack the person expressing the opinion.

Click to expand...

Otherwise, the whole site may as well be pulled down and and a banner reading "Seek professional advice" erected in its place.

Click to expand...

Askaboutmoney is a discussion forum. The contributors may or may not be qualified or authorised to offer advice.

We make every effort to correct misleading information and to give a balanced variety of opinions.

We accept no liability for any loss arising from action taken on the basis of information on the site.

Before making a financial decision, you should independently verify any information you have got from the site.

For complex financial or tax decisions, you should consult a professional advisor who will take into account all the necessary personal circumstances of your case.

Click to expand...

It always seems to be the case that OP's and contributors with minimal previous input to this site seems to be the most sensitive when other well intentioned contributors either offers constructive advice or does the best with the limited information provided.
Every solicitor on this site has other work to do as well, and may or may not respond in this open forum in the immediacy expected by some posters. THe OP's solicitor has all the facts and can handle this item I'm sure. Leave poor CLUBMAN alone!

"Leave poor CLUBMAN alone!"

Ah - he's well able to look after himself!

"merely having the insolence to ask questions on AAM. Isn't that what the site is for?"

Actually, the original question is so one sided that to give any sort of answer would mean teasing out the whole tangle to try and work out what was happening, whether the OP was being entirely disingenuous, whether the developer was nervous of Purchasers pulling out, etc.,etc. Even armed with that information, you could only give a vague opinion on what is likely to happen, so in fact, Clubman's answer is very helpful - go and talk to the solicitor who has some understanding of the specific circumstances. Any other answer is likely to be either a wishy washy "you can do something/nothing" to the bull headed nonsense ( stand your ground, show them who is boss, take no stick etc.,etc ) that occasionally passes for advice on the board.

mf

ClubMan said:

Shouldn't you be asking your solicitor?

Click to expand...

Couldnt evry question be aswered i the same way on AAM.

from suggest a retaraunt = " go on to menu pages "

to where should I put my money = "talk to a broker "

Of course I can ask my solictior, but hes not going to educate me for my own benefit and curiosity on the issue, in a way I had hoped by getting feedback from other posters and discussing it a little.

Educating the public on all sorts of issues, I thought was a core principal of AAM, so we ( the lay man, joesephine public ) were not completey at the mercy of institutions and certain professionals.

cookie said:

Couldnt evry question be aswered i the same way on AAM.

from suggest a retaraunt = " go on to menu pages "

to where should I put my money = "talk to a broker "

Of course I can ask my solictior, but hes not going to educate me for my own benefit and curiosity on the issue, in a way I had hoped by getting feedback from other posters and discussing it a little.

Educating the public on all sorts of issues, I thought was a core principal of AAM, so we ( the lay man, joesephine public ) were not completey at the mercy of institutions and certain professionals.

Click to expand...

The suggestion of asking your solicitor (who, ultimately, is best placed to offer authoritative advice based on knowledge of all material facts) is not mutually exclusive with others that other people may make.

well of course Im gonna ask my solicitor, why are you tellin me this?

Its not really a constructive answer unless you genuinely felt Im a complete dim wit and this had never occured to me!

I wanted to discuss this topic and now the query has been high jacked by a long running issue held by certain posters on the way AAM can be moderated some times.

cookie said:

well of course Im gonna ask my solicitor, why are you tellin me this?

Click to expand...

Because in my experience on AAM it's best to err on the side of caution in giving feedback to people's queries. Often the seemingly obvious is not necessarily obvious to the person posting the question.

Its not really a constructive answer unless you genuinely felt Im a complete dim wit and this had never occured to me!

Click to expand...

I feel that it's quite definitely constructive advice and does not imply that I thought that you were a dimwit.

I wanted to discuss this topic and now the query has been high jacked by a long running issue held by certain posters on the way AAM can be moderated some times.

Click to expand...

Not my fault.