exchanged contracts on a new build in June 2006: Not satisfied with end product

S

sparkles

Registered User
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Hello,
Wondering if I can get some advice?

We exchanged contracts on a new build in June 2006. We have snagged and inspected 3 times since June 2007 (completion date was meant to be April 2007). The finished property is not what we expected; finish is poor, items specified in the brochure have not materialised (I understand the brochure is not a sales agreement anyway), but the Specification Document furnished with the contract outlines some items which have not materialised.

We put down booking deposit of €5k and 10% of €50k in June last year on the basis we were buying "a well appointed and contemporary accommodation for today’s needs and lifestyles with the highest standards of internal and external finishes" and just feel that we've been had.

We cannot pull out of the sale or we'll lose our deposit according to our solictor but how can we close on what we feel is a sub standard build?

We've drafted a letter asking the estate agent, developer and contractor to meet us to find a solution to all the issues we have. In short our question is; Is there any point in doing this and where do we go from here?

Any advice very much appreciated.
 
Re: Not satisfied with end product

In cases like this, it would usually be the solicitor who will act as an intermediary between the parties.
 
Re: Not satisfied with end product

sparkles said:
...

We cannot pull out of the sale or we'll lose our deposit according to our solictor but how can we close on what we feel is a sub standard build?...
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I don't see why you should lose your deposit if doesn't meet the advertised standard.
 
Re: Not satisfied with end product

Thanks for replies, I've sent the draft letter to our solicitor and will await her advice.

aircobra19, I would like to think that could be an avenue we could go down but when you see notes like the one below which is on the complex's website, it just seems so unfair. We bought off plans in good faith and feel we've been shafted.


This is a non contract website and the statements made herein do not form part of any contract. The Developer reserves the right to amend prices, specifications and materials at any stage prior to contract without notification. Any interested purchaser/leasee should satisfy themselves by inspection or otherwise, as to the accuracy of each of the statements contained in the brochure. It should be noted that measurements are approximate only and maps are not drawn to scale.
 
Re: Not satisfied with end product

In my opinion its a big problem when buying property. Minor and cosmetic problems aren't really covered by anything. So you can really only go on a builders track record and inspect their previous buildings. But if you end up with a lot bad finishing, and general sloppiness there really isn't a metric to determine whats acceptable, and nothing thats enforcable without a lot of effort legally. Also consider that if a builder is happy to finish things you and others can see badly, and not make much of an effort with it. That can only raise questions about the quality of work you can't see. One is usually consistent with the other. At least in my experience. Its much easier to do things properly at the start. It can be much harder (and expensive) to fix them afterwards. I don't know how you can force (legally) the builder to achieve a certain standard.
 
Just because there is a disclaimer on the brochure does not mean you have no recourse in law very large commercial firm got an award aginst them in court last year over the wrong measurements on a brochure even though there was a disclaimer. As you are buying off plans you have no choice but to believe their marketing material.
 
xb_deai said:
Just because there is a disclaimer on the brochure does not mean you have no recourse in law very large commercial firm got an award aginst them in court last year over the wrong measurements on a brochure even though there was a disclaimer. As you are buying off plans you have no choice but to believe their marketing material.
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Yes we could sue the developer but our solicitor says it'd take a long time and we'd probably still lose our deposit.

We just have to bite the bullet and proceed. Solicitor advises to send the letter we drafted because its personal to us and at the end to ask for compensation or we'll have to bring in our solicitor.

We just want to get in at this stage. We have an infant and thought we'd be well settled in the new place before her arrival. Its all very stressful. And for once I feel that I should stand up for myself rather than just accept this kind of treatment.

Thanks for the replies.
 
Doesn't sound like much of a solicitor. Perhaps ask someone with more experience in the area.

The builder is hoping that most people won't make a fuss and he'll get away with it. Most people won't have the resources to make a stand. So usually the builder does get away with it.
 
I wouldn't move into the house or do the final closing. I recommend you get an expert in this field be it a surveyer/engineer and get a comprehensive report on the new build which should also should do a comparison with what it says in the brochure/contract (ignoring the brochure disclaimer). By moving in and closing it seems to me you are accepting the house as properly built. Once you have this survey you may find the builder would rather go in and fix the house properly rather than be out of pocket on the closing and/or the risk of you going to court based on your survey. This is a much stronger route than your letter and it's surprising (to me) your solicitor didn't suggest it to you.
 
Bronte said:
I wouldn't move into the house or do the final closing. I recommend you get an expert in this field be it a surveyer/engineer and get a comprehensive report on the new build which should also should do a comparison with what it says in the brochure/contract (ignoring the brochure disclaimer).

There is no way we'll close until everything is fixed. Thats the basic gist of our letter. Its been so long a-coming, whats another few weeks or months now? In the contract it says the builder has 2 years from signing of contracts to complete the build so I wonder if we dont close in that time, because in our eyes the property isnt completed, can we then get out of the sale? Its been 15 months since we exchanged contracts.

aircobra19, we wouldnt have the resources to persue legally, all we can do is jump up and down until they listen to us. It seems to work for others.
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hi there,

Well we got a swift response from our letter. The developer will fix everything that they can....what does that mean??! And have offered a flooring allowance (they had offered one before and have now doubled it; it nearly covers the cost of the solid wood).

Of course then they went on to tell us what we already know...the final specifications were outlined in the contract...can't argue with that. ie; say one thing on the brochure and a totally different thing in the contract which seems so disingenuous.

I suppose the crux of the situation is that this new property isnt suitable for a family with small kids, and if we knew then what we know now, we wouldnt have bought it. Will NEVER buy from plans again!

Thanks for your thoughts to date.
 
Yea I too would love to know how it's not suitable for a family, what did you buy? And how different is the contract details to the brochure? I have seen plans which showed let's say a double bedroom but if you go to see the actual room you could just about fit a single in it etc. ..
 
its a 3 bed duplex. master awkardly shaped with an ensuite. Kids bedroom a double with patio doors to a small balcony. Upstairs the kitchen has window overlooking a walkway with a 15m drop. my heart is in my mouth when I think of the dangers. they've put limiters on window in kitchen and 3rd bedroom upstairs which will be a home office. outside front door theres a railing, again with a sheer drop into a river. but we bought off plans and baby no 2 wasnt even a twinkle in her daddy's eyes then.
 
not the ones which secured the deposit but looking at the contract last nightwe noticed coordinates on another page of plans which do seem to advise. we signed the contract without fully understanding the plans...hands up. still doesnt excuse the delays and finish issues though.
 
Would it help you if you contacted other people in the estate and asked if they have similar problems? If there's a group of you you're mroe likely to get some joy from the builder. Also, although they have a tonne of disclaimers in the brochure, under consumer law if the 'product' is not as it should be, they have to replace/repair it. I know that's of little comfort though when you just want to get it sorted and get settled in
 
aaa1, i put a post on location thread asking if there were any buyers, got no response. there are only 20 units, all but 2 are sold although i see one on myhome.ie through another agent. so someone must have closed and put their unit back on the market. i heard from builder that one buyer is an architect and at building stage made internal changes (made living area bigger and changed from a 3 bed to 2 bed). So in short, not sure how to contact any other buyers yet.
I've asked them to clarify what they mean by saying they will 'fix what they can'.
 
I wouldn't bother going via the Internet to find people as a lot might not have regular access to the Internet. Why not try dropping notes through the door? If the builders are still working on them you could put it in a sealed envelope and address it to 'the owner'. In case the builder does open it you could keep it pretty bland, saying you're trying to get in touch with other residents about setting up a neighbourhood watch or suchlike. Have you tried any consumer bodies for advice on your rights in regard to the contract? With the way the market is going I'm sure the builder will want to close as quickly as possible and won't want to get bogged down in court proceedings
 
Is there not some kind of official safety standard for new builds? Particularly in relation to the sheer drops you mention which sound positively dangerous. Some solutions I can think of, put a mesh on the balcony rails and front door railing until the kids are older. A bolt on the top of the patio door. Replace kitchen window with a window that opens at the top only as I'm not sure what a limiter is but I'm guessing it restricts it from opening completly but maybe it can be disenabled and therefore is dangerous.
 
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