Just been burnt in house purchase

D

dtwhaler

Registered User
Messages
27
Looking for advice/suggestions here. Will try to keep it short.
Put an offer in on a new build house. Got accepted. Our solicitor requested standard paperwork from seller but it was never delivered. Stuff to do with certificate of compliance etc. So .... the offer to buy was submitted on the condition that these queiries were addressed

In the meantime, the builder tells us that can get access to start putting in kitchen, bathrooms etc. So we go out and buy everything needed and organise fitting.

Now, three months after we first put our offer in, the paperwork still hasnt been delivered. Builders solicitor has now informed us that they cannot obtain the necessary paperwork. It doesnt exist.
The builder then stopped us from putting in kitchen, bathrooms etc until deal closed. Wanted it closed ASAP ... ie without snaglist/survey.
Got the survey done and lo and behold there's loads wrong with the house. Fails building reg's on several counts.

We had to cancel everything and return stuff. Reckon we're down about 2.5K so far in lost deposits. Havent even added on solicitors costs yet. Where do we stand ? We have nothing in writing from builder about putting stuff in. Any adivce ? Is it just an expensive lesson learned ?
 

I'm not coming from a legal background, but I would think your final line is the correct assessment. with nothing signed you really have little to back up any claims and I suppose the only bright light is that it looks like you have had a narrow escape in terms of the house quality. You will recoup your money on the price of your next house, at least that is how I would now approach it.
 
1. Contracts were signed subject to really major issues.
2. You went in anyway and incurred expense even though you knew there were major issues. You must have known there were likely to be problems.
3. Major issues now prove to be insurmountable.

I hope you have learned a big lesson from this. Do not count your chickens. Do not incur expense on property that you do not own. Do not be surprised in this day and age when empty promises turn out to be just that.

mf
 
I agree with posters 3 & 4 and if all you've lost is 2.5K on purchases plus your solicitors costs then you've lost very little. Did you not pay any deposit on the house?
 
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Yes there is quite a hefty deposit involved too but the solicitor said that the contracts to buy were done up subject to certain conditions being met ..... the seller has not met these conditions so they are in breach of contract and we get our deposit back.

mf1: When we signed the contracts, the issues werent major issues at the time. We just thought it was the seller's sloicitor dragging their feet .... as they've done from the start of this. I know what you're saying though.
 
My experience is DON'T TRUST BUILDERS. Get everything in writing and trust nothing until your solicitor has cleared it. I am surprised that your solicitor advised you to go ahead with installing kitchens, etc?
 
You should be saying that the best 2.5k euro you've ever spend, sounds like you got away from a lemon that's dropping in value. You should be able to get another house of the same spec but better built for cheaper now, so you've done well. A life lesson like this will help in future purchases.
 
Best of luck with this but if you read some of the other threads here on AAM some people are having an awful lot of trouble getting deposits back from builders, but then again you may have a watertight contract, competantly drafted, and a builder who abides by it.
 
Bronte: Yes I've been reading about others trying to get out of contracts and get deposits back. Interesting and frightening reading. I think/hope our case is different. As far as I know the builder doesnt have the deposit. Its still with the builders solicitors in a client account or something. The selling auctioneer also has part of it too.

Geld: Our solicitor didnt advise us to go ahead with the kitchens etc. That more or less came from a discussion with the builder. He told us that we could go ahead and fit kitchens, bathrooms etc as soon as the contracts were signed. We had signed them and thought the conditions to be met would be just legal paperwork stuff and no problem. I'm just glad our solicitor has been on the ball.

We've only ourselves to blame.
 
dtwhaler said:
We've only ourselves to blame.
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I know its disappointing, - but try to take a positive from this. You could very easily have gotten yourself into something much, much more difficult and expensive to get yourself out of.
 
Hi there,

You might have an action for misrepresentation against the Builder - he knew all along that he would not be able to deliver proper title and he encouraged you to incur debt, knowing he could not meet the contract.

However, for 2.5k it's probably not worth it. In all likelihook you would be last in a long line of creditors, and the legal costs in taking the case would be more than the original debt.

I think it is just an expensive lesson learned. At least you had a good solicitor who protected you from the worst.

Best of luck.

Kate
 
A final update on this whole carry on.

We finally got our full deposit back from the builders solicitor. Could be because he's got some other poor sod to buy his substandard house, (although I hope he never sells the house) or because our solicitor finally got him tied into a court date and he pulled out at the last minute to avoid the expense of a barrister. Dont really care. Glad its closed now and we can move on.

I dont know why they didnt do this six months ago because not once did they offer any sort of defence or excuse. Between him and his solicitor they have avoided calls, ignored letters, ignored court papers, threatened to "drag it out for three years" and blatantly lied throughout.

I'm happy we got our money back but we had the extra expense to do the right thing legally. It makes you wonder what sort of legal system there is when they knew from day one they had no case.
 

Glad to hear you got it back.
 
WOuld you not now upset this builders apple cart so to speak by trying to inform new purchaser of problems and make it known it was you!! A little vinditive i know but 2.5k out of pocket ..............
 
looper said:
WOuld you not now upset this builders apple cart so to speak by trying to inform new purchaser of problems and make it known it was you!! A little vinditive i know but 2.5k out of pocket ..............
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Better to live and let live than to be consumed with evening up any scores.
 
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