HeadTheWall
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Hi looking for some clarification on some issues for a friend that is buying a house in a small new development in the country. Story Goes
Builder is trying to bully her into signing on a house which she has signed a contract on around 18 months ago after being given a verbal completion date which has well passed by. He has been the one dragging his heels and there is no one living in the estate yet. As such the estate is unfinished looking and at this stage she would like to pull out of it, but if the groundworks etc were finished she would be happy to move in to the house. She has had her engineer in and is happy enough with the snag list and the rectifications but she doesn't want to be forced in now just because the builder decides he wants his money now. My advice was to approach it from a few angles to see what she could do to make him wait or hopwfully let her back out
Thanks
Head The Wall
Builder is trying to bully her into signing on a house which she has signed a contract on around 18 months ago after being given a verbal completion date which has well passed by. He has been the one dragging his heels and there is no one living in the estate yet. As such the estate is unfinished looking and at this stage she would like to pull out of it, but if the groundworks etc were finished she would be happy to move in to the house. She has had her engineer in and is happy enough with the snag list and the rectifications but she doesn't want to be forced in now just because the builder decides he wants his money now. My advice was to approach it from a few angles to see what she could do to make him wait or hopwfully let her back out
- Whats the story re planning and moving into an unfinished estate regarding paths, green areas? He was suposed to pay the council E70,000 which he gets back on completion, to date he has only paid E11,000 (doesn't look good), can the council serve a notice on him and could this be used as a get out clause as the development would bein breach of planning. I know people move into unfinished estates but they usually choose to, can someone be forced to do so?
- Contact her bank - Get them to check the contract she signed, they approved her mortgage 18 months ago surely they aren't indefinite. Her own solicitor is being no help at the moment and telling her "just think about the house" Her solicitor also at this stage has the cheque from her bank (probably sitting in theiur account gaining interest) even though she hasn't agreed a date for signing yet. This I find very strange and because it's a small place I suspect collusion on a small scale between the solicitor, the builder and the bank to rush the sale through.
- When she said to the builder she was getting in someone to snag he said "what do you need to do that for, sure isn't the place fine?". Could she put off the signing by continously finding some faults in the house and how long could that drag it out by or is there limits to it?
- Bank never looked for an Engineer's report, is this normal?
- If the contract she signed doesn't state that it's subject to her mortgage approval could she use the fact that so long has passed since getting her approval that the contract could be void. Or she could ask to get reapproved and make sure she fails?
- She needs to get a copy of the contract and get a new solicitor as her current one just wants to complete the sale and get paid. Any recommendations for the mid west area as to someone who would be clued in re planning, mortgage issues, legal issues and what ever else.
Thanks
Head The Wall