Gazumped by Builder in Galway

[westernone]

Hi,
I placed a 5k deposit on a house in Galway in early october, the house was due to be built sometime before Summer this year.
Two other houses on the same site were also sold.
A very reputable (up to now in my opinion) EA placed 'sale agreed' signs on their billboards and also on their own website.
No contracts were forthcoming from the builder/developer, my solicitor instructed me contact estate agents, who informed me that builder had decided not to sell ...for personal reasons.
Estate agent also let slip that the other two purchasers were being given their deposits back for same reason.
It happens that the housing density is being increased in the area where the house was being built, so I am presuming that the developer will submit a new plan for the site after the devel plan is agreed in the next month or so.

I have met the builder/developer, we agreed minor change to the house etc and he was at pains to point out that the quality of the build would be similar to some of the houses he showed me around in another development.

From this thread it would seem that I have little recourse from the law.
What are my options I wonder...
- Seek to embarass the builder in some manner, by going to the local press..
- State the facts, including builders name/ estate agents name etc. on a public web site

My Solicitor is in the process of wirting a stiff letter to both parties.

W1

 

[nt00deep]

Get your 5k. Walk away. Forget about naming and shaming.

Equally, Buyers can and do walk away.

 

[westernone]

Re: Gazumped by Builder in Galway - A form of bullying perhaps

I may just do this rather than let my name into local papers etc...

BUT

This sort of behaviour is a form of bullying by builders and developers with the vistims being the customers who are trying to purchase a dwelling in a what has been a rising market for many years

The advice on the forum would seem to be, move along, take it on the chin, you won't beat the builder....and hope the next builder/developer/estate agent doesn't bully you in the same manner as well.

As with all bullies they don't like to be stood up to and publicly shamed...

 

[nt00deep]

My advice is not based on the fact that you won't beat the bully ... in this case, the builder.

The fact that our conveyancing system is based on a fully refundable deposit until contracts are signed by both parties means that the interests of both parties is neither secure or threatened by the presence of a booking deposit.

In my view, I think it is a failing with the system, but that is the way it is.

As a result, buyers and sellers can and do walk away from transactions on a daily basis. The seller is not always the 'bully' builder. As a buyer and as a seller, I have been at the wrong end of a failed transaction becuase the other party walked away. It does hurt when it happens, but they are the rules of the game. We might not like them, but my advice to walk away is just to save you further frustration.