Buyer beware! Buying from the receiver (also acting as developer and builder)

A

acquainted

Guest
In March of this year we agreed to buy a property in Co. Roscommon from the liquidators. I have always thought as receivers as the dung beetles of the corporate world but I am shocked at how low they can go!

We were paying cash of over 60% and the bank involved were loaning us the balance to buy the property from them.

We had genuine reasons that they are all aware of wanting to move into the house without delay. We were told it would take 4 weeks from when they received the signed contract back from us. Middle of April we thought perfect, a first real summer in a garden for our 3 young kids.

The vendors lawyers we found to be totally incompetent and everything proved to be a total nightmare with wrong, incomplete and missing documents being the norm. It took our solicitor 3 months to drag the details out of them.

We had been encouraged to go for a unit that was least complete, being told that we could choose all the tiling / floors we wanted. This we did, wont bore you with the details but it was a nightmare. They stopped work on the development in April, with little or no one on site.

In late June the contracts were finally complete, we signed and returned with the deposit and work slowly resumed on the house but they never returned their copy to us. At this stage we got them to install upgraded radiators, flooring, Fireplace etc.

The receiver is acting as developer and builder to complete the development and after many clashes due to incompetence or indifference my wife called his boss to see if he could get things moving, that was when he dropped the bombshell, they had not sent the contract back so there was no contract, and that there had been an order or some kind injunction against them from one of the creditors of the developers insolvency PREVENTING THE HOUSES BEING SOLD!

The reality is that they have strung us along all this time, they took our deposit of over €20K but claimed that there had been no contract. He then stated that we had signed a contract so we had to proceed, they then sent us a new contract with altered terms. We have withdrawn and requested our deposit back!

Sorry to bore you with the whole gory story, our solicitor is confident that in law they have no right to withhold our deposit. What I am wondering is where we stand with regards to the €3000 worth of our purchase and upgrades we have paid for?

The next question is have they committed a crime – they were selling us a house that they were legally unable to complete. Can I report them to the Garda?
Can I seek damages for the 6 months of our lives they have stolen!

Any benefits we could have made on the reduced price have been lost with the days and days spent trying to get them to do any work, do it properly, fight over how they are going to put right what their incompetent tradesmen (in most cases using the term loosely – think peanuts & monkeys).

If you are still reading this, beware - the receiver in question is involved in other disposals of ‘Ghost Estates’ they suck you in with great prices and promise excellent finishes and that they will complete the development. When the contract arrives with your solicitor it includes so many exclusions (our solicitor objected to 36) that most financial institutions will not give a mortgage on them.

The receiver is acting as developer and builder but accepts no responsibility in any way for anything, ever, anywhere even the paper the contract is written on (get the picture)...

Not sure of where we stand legally yet so no names etc.
 
I agree - tread with caution when dealing with receivership estates. had similar experience but did get back both booking and contract deposit when the seller was unable to execute the contract due to mgt company being struck off in company registration office. waste of our time and money - valuations etc.
 
Another agent was telling us tonight that he had 5 clients who had paid deposits, done surveys etc, legal fees etc and then nothing happened so they pulled out. Is there anyway of stopping these people? Is there such a thing as a class action (yes I watch to much TV) in Ireland try and get the legal fees back etc....