Are u in court anytime soon as I would love to find out the coutcome. On another note the homebond policys have time limits and in most people cases have lapsed.
Foxy, i have spoken to you about this previously in another thread & to be honest i feel you have agreat case at the moment!! Im not a solicitor but if i was to buy a pair of jeans/ furniture/ food i would expect it to be delivered in a timely fashion & this should be the case with buying a home. After all you could feasibly in your second home at this stage if laragans built your apartment on time!!
Developers are being generalised against beacause they are all the same, granted there are some exceptions but most of them have made there millions & are now screwing people for more money!
As foxy knows, i bought an apartment in carrickmines off the plans 3 years ago, when built they had overlooked putting a window in the bathroom which was on the plans. I refused to snag until this was complete. They told me that this was a mistake & there was not supposed to be on the building even though it was on both the brochure & my contract. Initially i was happy to move in if they had put the window in or offered a discount but they basically ignored all correspondants so once the 18 month contract was up I opted to pull out. This was again ignored. It has gotten to the stage where i have had a district court date scheduled a couple of weeks ago, we cancelled this on the notice that the developer was preparing an offer, this offer has not yet been recieved so we are now persuing a date in the circuit court!
The developer will now have to pay solicitor fees, barristor fees, interest & goodwill payments if i am successful in court when they could have still made the sale albeit for a 5,000 euro discount! All this due to their utter greed!
How do people educate themselves and their best in the scenarios like this where propety is not even built after 3 years and builders going bust, also what exactly does cut it in a court of law when completion dates are completely ignored by the builders along with everything else that doesnt suit them."by their delay I have suffered the loss of value in the building. "
I have posted on this thread and similar threads before. I can't help getting the feeling that a lot of "purchasers" just don't get it. Feelings and emotions and random thought processes don't cut it in a Court of Law. The above statement is a classic example of a random thought process: it sounds good, I can appreciate the feeling but there is no basis in law for the statement. It is not a defence to the developers action. It is a " this is not fair" sort of thing.
I imagine that all of the "purchasers" have probably heard the same advice from their own solicitors but are still hoping that somebody, somewhere is going to get them out of this mess. It is a mess but the best thing to do is to educate yourselves and do your best in difficult circumstances. The mess is horribly compounded by the global downturn and the financial difficulties of at least one developer.
mf
Can you clarify if the banks will give you a mortgage, if not why not? What was in your original contract as to completion date? I ask this because you seem to be implying that the reason you want out of the contact is because the property value has decreased.They want me to complete and are suing me because I am claiming three years is a monstrous time to wait and by their delay I have suffered the loss of value in the building.
Can you clarify if the banks will give you a mortgage, if not why not? What was in your original contract as to completion date? I ask this because you seem to be implying that the reason you want out of the contact is because the property value has decreased. What has your solicitor advised you.
How do people educate themselves and their best in the scenarios like this where propety is not even built after 3 years and builders going bust, also what exactly does cut it in a court of law when completion dates are completely ignored by the builders along with everything else that doesnt suit them.
Ben10
My solicitor said if we took them to court, it would be the high court and would take at least a year to get there if not longer so this kinda put me off as its dragged on long enough. What is the other bond you are talking about?
Have you read your contractand building agreement from start to finish?
Have you highlighted all sections that you need clarification on? Have you asked for clarification? Have you read all the correspondence that has passed between your solicitor and the other side? Do you know and understand the argument(s) ( technical or otherwise) that the developer is using? Do you know the answer to that argument(s)? Do you understand your own contractual position? Do you understand the risks of any legal action? Do you appreciate that it seems your developer is in financial difficulties and that pressure may be being brought to bear by his financial position?
Have you tried reading a book specifically on conveyancing and contracts? To truly understand the intricacies?
Your case seems difficult and that is unfortunate but there is a lot of it around.
mf
It will be interesting to see if these builders will manage to obtain any judgements in the courts.
What about when there is a clause in the contract that the builder cant or wont meet. No response or amendment to the contract.
Does the contract become null and void then ? Shouldnt they just hand back the deposit then ?
As ...It is a little unrealistic in the current climate to expect the builder simply to return the deposit once the time limit elapses with simply a letter requesting same. It may be necessary to instigate court proceedings for return.....
Not if the builder has spent the money on the site/building costs/loan repayments etc.Why not. That would seem black and white.
As a solicitor as far as I can see one of the few grounds that purchasers may have to argue is that the property was not completed on time (if the contract has a time limit). The builder's defence to this is that there was a delay reasonably outside their control which delayed building. However it would need a court to decide whether the builder's reason was indeed reasonably outside their control or not and make a judgment accordingly.
It is a little unrealistic in the current climate to expect the builder simply to return the deposit once the time limit elapses with simply a letter requesting same. It may be necessary to instigate court proceedings for return.
Where the time limit hasn't expired it is very difficult for the purchaser as a binding agreement exists despite the fact that they may not be able to raise the finance. However a court judgment will not remedy this problem for the builder as even if they get an order against the purchaser they will not be able to purchaser the property and I have heard rumours that it is the banks that are putting pressure on the builders to bring these cases to court and get judgment.
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