Builders want to close 'subject to'

Hi,

I am buying a new appartment. Builders estate agents are now pressurising me to close 'subject to' new inner doors, wardrobes and external windows being replaced after closing. Apparently they are on order and can't be replaced until they arrive from Germany.

I haven't discussed anything with solicitor yet as really he just wants his money easy so I don't think I will get good advice.

I don't want to close and have all the time in the world to wait, next week, next month, next year. I'd rather have it done before closing and not have to worry about chasing it up afterwards when they will probably not care less.
Plus all the hassle of having to be there when they arrive and are fitted, etc, etc..

Any advice on what I am entitled to do legally? Like I said, I want to refuse closing point blank until I am happy with the snag.

I wouldn't close. Wardrobes are one thing, but the prospect of replacing external windows after handing over the money is a totally different thing.
Did you get your own engineer to do the snag ? Maybe get him/her to fight your case ?

No engineers involved officially. Basically I just want to say 'No'. End of story. I don't want to get into any negotiations on 'subject to'. Am I entitled to just say 'no' and just say I want to stick to the initial contract and that I will close when everything is done.

You really should be talking to your solicitor about this. If you're not happy with his/her service, go to another one. Its a big decision for you and you need professional advice.

Don't close, your builder is being unrealistic in expecting you to close under these terms.

Personally, I would stick to the contract already signed. Sounds like the builder is just pushing all the risk on to you if you close now. From what you describe, the apartment is not ready to occupy yet. Imagine all the hassle of living there while the work finally gets underway !

Your solicitor works for you, so he should follow your instructions on this. Get his advice, and if you are not happy with it, say so.

I agree with the above. I'm not a solicitor but I've no doubt that you exchanged contracts with the builder to buy a house, not a partially-completed house. If he hasn't completed the house there should be no pressure on you to close.

In fact, it would occur to me that if the builder is trying to push you into closing on an incomplete house, why is that? Is he in some form of financial difficulty? If so, will the house ever be completed if you close now? What happens if you close and the builder then goes bust?

Don't be pressurised, and do talk to your solicitor. This is exactly why you're paying a solicitor to act on your behalf.

The "snag list" is industry practice, but is not specifically provided for in the standard building agreement. Where the standard building agreement is used, the legal situation for pre-completion defects is as follows:

Major defects: you can refuse to complete.

Minor defects: you can not refuse to complete if the builder gives a written undertkaing to deal with them.

What constitutes a Major Defect: there is provision for referral to an independent third party if there is disagreement on this issue.

Best advice remains to hold out until all\most defects are done BUT (under the standard building agreement) it is important, if you feel there are major defects, to notify the builder in writing;

I am very sorry to hear that this lady feels her solicitor is only looking for easy money. It is undoubtedly the case that too many clients are only interested in price when they hire a solicitor. Legal work should be done up to a standard and not down to a price.

Do any of the solicitors know is it possible to close but hold back a % of the purchase price pending completion of this work?

Possible certainly; but buyer is not in a legal position to insist on this. Usually, it tends to be a sum to cover the outstanding job, rather than a percentage of the price.

In other sectors of the building industry it is common to have a retention sum of perhaps 5%. and a retention period of up to six months; It is just not the done thing on new houses.

In reply to MOB, I'm afraid I am guilty of looking for the right price rather than the right solicitor. I was aware from other people that have used the same solicitor that he is not one to hang around and is only suitable to straight forward work, i.e 'new' purchases. I didn't conceive the hassle I am getting now.

Thanks to everyone for their help.

MOB: "Major defects: you can refuse to complete."

Quite right too. I should think replacing external windows constitutes a major defect !!

Don't close 'subject to'. Once you do it's your problem. Builder has your money so no incentive to carry out whatever works are necessary. keep the monkey on builders shoulder to resolve prior to closing..................

I'm in the same situation. Windows are badly scratched. Snagged 1st beginning Aug. Again mid August. Have waited another few wks and still the windows are not in - yet they've been ordered or so they say.

And even the minor items haven't been fixed. I've had a peak through the windows each Sunday since.

I am definitely not closing until they the new windows are in. I'd have to take time off work to allow for the refitting of the glass etc to let people into the house. Prob a day because I work quite far from the house. And would have to continue to chase up on it for months possibly...no thanks.