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House purchase nightmare..

  • 14-05-2008 7:56pm
    #1
    doubtfir3
    Registered Users, Registered Users 2 Posts: 338 ✭✭


    Hi all,

    I have been involved in the purchase of a house since February last year which has been completely beset by delays because of a number of things - generally down to the builders being a combination of complete cowboys and also poor management of the project and funds by builders.

    I initially purchased a house in Feb last year with contracts being signed by builder in mid June 2007. The builder missed several dates for completion (none specified in contract) and I eventually lost the cool in Feb this year - 12 months after paying my initial deposit.

    I saw that in another section of the estate that there was a better house (3 bed det) almost ready and suggested that they switch me to this house instead. After hardball on both sides, I agreed to purchase this house for less than the asking price, though more than the price I had paid for the 3bed semi, on the basis that the house would be completed within 2 months.

    Following on from this, I had been told that I would definitely be in with 4 weeks... that should have been mid March.

    The completion date was near the end of April and this was missed, with no work done to complete the house since because of ongoing problems with money from the builders not being able to pay subcontractors.

    I told my solicitor to sue, to pref get me out of the contract but was told that I would have to issue 28 day notice. i had assumed that the solicitor had done this as asked, but found out last week that he never issued the notice and finally did it last Thursday.

    I am now in a position where the house most likely won't be finished within the 28 days, and was wondering if someone could give me an outline of the procedure once the notice has expired.

    At this stage, I would like to just get out of the contract as I have no trust whatsoever in the builders or any of their work, but will unfortunately be at the loss of two sets of conveyancing fees for the houses, the loss incurred because of delays and also at the loss of any potential damages from the builders resulting from them in general being a complete shower of @£;$%^@...

    I was hoping that someone could please let me know what the procedure is once the 28 day notice has expired.. will I have to go to court to get my deposit back? Will this likely be delayed by 6 or more months? At this stage, if I do have to go to court to get my deposit back, I think I would prefer to go the whole hog and go after the builders for damages... I really hate the whole 'compo culture' idea but feel that these builders should be made in some way accountable for their actions..

    (I have a lot of dates, times, conversations, and documentation to back a claim if necessary).

    If I do end up taking them to court and seek damages, will I then still have to buy the house or can I walk away from the contract?

    Sorry for the long post.. I've gone through this with the solicitor, but am not very happy with him and his (lack of) action so far, so want to get other opinions and feedback.

    Thanks!


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