new apartment purchase- delay in build, trying to get out contract, any advice?

monkeyboy said:

what do you mean contract expire? The build date is practically never put into these off plans contracts...

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You're missing a relevant part of this particular discussion.

caitlin said:

however the contract does expire in June 2009.

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Would it be possible in this case to gather data on the average time required to complete a block containing x number of apartments and use this to get out early as mentioned above i.e. when it is known that the contract cannot possibly be fulfilled?

e.g. industry average e.g. 12 months to complete (say range of 10 - 14 months), wait until 9 months left until expiration of contract. As such based on gathered data the builder would be unable to fulfill his contractual obligations.

But A. what exactly does "contract expiry" mean, perhaps I should just have asked that....
.... and B. why would a builder have this on the contract drafted on their behalf, given the intrinsic risks in building, I just dont get this part?

Do I need answer A to understand question B ?

Also if it is so cut and dry why has the OP solicitor not been able to point to this clause and story over ?

Again with more questions...

Cheers

I know there is a big delay since the last post from this forum, but was wondering if anyone had an answer to this question.

I put down a deposit on an apartment back in june 2007, the contract was valid for 24 months, its now nearly 3 months since this contract has expired, yet the builders are still telling me I have to sign for this apartment. I got a letter this week telling me i can snag.

The contract stated that it would be built within 24 calendar months.
It wasnt.
So, not even asking about if i can get my deposit back, but am i still tied into this contract?

'I don't think it states in the contract when the apartment will be complete (I bought it on the understanding that it would be finished this summner) however the contract does expire in June 2009'


Sure if the contract expires in June 2009 its now August...09? What about all that blarney of acting in good faith you paid the deposit and they built you an apartment - if its not started now its not likely to be finished any time soon in this climate? so who is breaching the contract?