Issue with sale of house, advice please

Sofiztikated

Hi All

Some of you may know me from posting here before, but I'll throw up all relevant info, not too much detail as I don't want to give away who I am just in case.

Purchasing a house, in a small town in the NE.

The houses were originally available @€;260k, reduced to €120k, after a receiver took over the development.

Looked at houses, and this one seemed to suit us the best, so put in an offer.

Everything all hunky dorey, they had engineer reports saying everything was fine, so went ahead and signed contracts, and then got my engineer to snag it. (I know now we did this arseways, but whats done now is done)

Engineer brought up some fairly big issues, (Roof not supported correctly, a simple E Wall would sort this out, and walls not scratch coated, so not in line with regs) and sent it to the agent to get the works carried out.

Was told works were carried out, got engineer to re snag. Some minor stuff had been done, but the bigger issues were still there.

Solicitor contacted the vendors solictor (repeatedly) to get them to do the snagging.

Its been like trying to get blood out of a stone getting information off them.

So EVENTUALLY they organised for the vendors agent, the builder and our engineer to meet and discuss. Our engineer pretty much told them that its not up to code, and it should be fixed. They were saying that this is the way its being sold, and thats it.

So after a couple more weeks, still no contact back, I'm getting fed up at this stage, and told my solicitor I was contemplating pulling out, and to contact them telling them as much, to see if it would hurry them on a bit. He informed me that because I have a contact signed

Now 2 more weeks have passed, and still no contact back from the other side, I'm more than pissed off at this stage, we've been waiting 7 months now, started the purchase just after Christmas.

The reason we chose this house was that it suited our needs, it was the best of the houses around, the majority of houses around here are oddly shaped, badly designed, badly built, and badly carried out.

If they carried out the works, I would be happy to buy the house. Any idea on how to get them to hurry the hell up?

juke

Hey, what a pain! Tbh, I don't think I'm going to be helpful either.

It's hard to make suggestions without seeing the actual contract you signed - because the terms in it determine your options.

Did you sign a contract for a site and related building agreement
or a contracts for a completed house, for example. If you don't have a copy, then ask your solicitor for a copy.

Is there an arbitration clause in the contract?

Presumably you a paid a deposit - do you know is that held by the vendor's solicitor or was it relaesed directly to the developer/receiver?

Would you consider just asking your solicitor for a meeting where you could sit down with him/her and discuss all options, whether it be trying to compel the builder to do the work, get a further price reduction and do the work yourself or try to pull out.

Sofiztikated

juke wrote: »

Hey, what a pain! Tbh, I don't think I'm going to be helpful either.

It's hard to make suggestions without seeing the actual contract you signed - because the terms in it determine your options.

Did you sign a contract for a site and related building agreement
or a contracts for a completed house, for example. If you don't have a copy, then ask your solicitor for a copy.

Is there an arbitration clause in the contract?

Presumably you a paid a deposit - do you know is that held by the vendor's solicitor or was it relaesed directly to the developer/receiver?

Would you consider just asking your solicitor for a meeting where you could sit down with him/her and discuss all options, whether it be trying to compel the builder to do the work, get a further price reduction and do the work yourself or try to pull out.

Thanks for getting back to me juke.

As far as I can remember, it was for the completed house, but I'd have to double check.

Deposit was paid, and that has been released to the receiver.

As regards sitting down with the solicitor, we've done that, and I'm on the phone to them every day as well, its more the fact that the other side won't communicate with us/solicitor.

We have our options, our solicitor is sure we could pull out, should we want, as the house doesn't comply with the regulations.

The only thing now is that do we actually WANT to pull out. As the mortgage is based on this house, and was granted & signed back in March, the 3 month rule kicked in, and we've gotten an extention on it as its the other side that are holding the sale up. If we did pull out, we would have to reapply, and there's the uncertainty would we get another mortgage after letting this offer lapse, and with things tightening up even more.

Sofiztikated

juke wrote: »

Hey, what a pain! Tbh, I don't think I'm going to be helpful either.

It's hard to make suggestions without seeing the actual contract you signed - because the terms in it determine your options.

Did you sign a contract for a site and related building agreement
or a contracts for a completed house, for example. If you don't have a copy, then ask your solicitor for a copy.

Is there an arbitration clause in the contract?

Presumably you a paid a deposit - do you know is that held by the vendor's solicitor or was it relaesed directly to the developer/receiver?

Would you consider just asking your solicitor for a meeting where you could sit down with him/her and discuss all options, whether it be trying to compel the builder to do the work, get a further price reduction and do the work yourself or try to pull out.

Thanks for getting back to me juke.

As far as I can remember, it was for the completed house, but I'd have to double check.

Deposit was paid, and that has been released to the receiver.

As regards sitting down with the solicitor, we've done that, and I'm on the phone to them every day as well, its more the fact that the other side won't communicate with us/solicitor.

We have our options, our solicitor is sure we could pull out, should we want, as the house doesn't comply with the regulations.

The only thing now is that do we actually WANT to pull out. As the mortgage is based on this house, and was granted & signed back in March, the 3 month rule kicked in, and we've gotten an extention on it as its the other side that are holding the sale up. If we did pull out, we would have to reapply, and there's the uncertainty would we get another mortgage after letting this offer lapse, and with things tightening up even more.

juke

Well, deciding whether to hang in or pull out....that's whole different thing!

How desperate are they? Has any other person expressed an interest in the house?

Call their bluff, and pull out....maybe that'll be enough for the receiver/builder to cop on, focus and get the work done.

It's a gamble.

With my solicitor hat on, I see a big fight trying to get your deposit back!

Sofiztikated

juke wrote: »

Well, deciding whether to hang in or pull out....that's whole different thing!

How desperate are they? Has any other person expressed an interest in the house?

Call their bluff, and pull out....maybe that'll be enough for the receiver/builder to cop on, focus and get the work done.

It's a gamble.

With my solicitor hat on, I see a big fight trying to get your deposit back!

See thats the thing now, there was a bit on the radio the other day with them blowing how all the houses are sold bar 2, and they have to change the onsite creche into another 4Bed due to the demand. (Which I believe to be horse****.)

This is what pisses me off, if it was a kettle I had put a deposit on, I could get my money back if the damn thing was leaking, but go to spend €120k on a house, and it gets arsey.

As regards the walls and the sound insulation issue, they just want to do sound test, and prove there will be no sound from next door, but the way I look at it is that should I say yes, and come 5/10 years time when we decide to move on, the next surveyor will come in and see the exact same issues, and I'd lose out.

Its so frustrating that they are so DAMN slow at contacting us.

juke

Most likely they are changing the crèche to a house, because there's simply no demand for a crèche!

I don't think you should give in. You employed and have paid your engineer for a reason - his expertise. He's telling you the house isn't up to scratch.

I think it would be financial folly to, in effect, take on soemone elses problem - because you are darn right, it will be your problem if noise is an issue, both while you are living there, and when you go to sell.

This is a huge investment, to cave in at this stage!

the_syco

juke wrote: »

Most likely they are changing the crèche to a house, because there's simply no demand for a crèche!

Sounds like as they've sold all but two houses, they no longer need something like a creche to draw people there. As for no demand, I'd say a lot of the people that just moved in would be looking to start a family, with the creche drawing them in. If there's another creche nearby, sure, it shouldn't cause a problem then, but if not, you'll have a lot of unhappy people.

Sofiztikated wrote: »

If we did pull out, we would have to reapply, and there's the uncertainty would we get another mortgage after letting this offer lapse, and with things tightening up even more.

With this in mind...

Sofiztikated wrote: »

Its so frustrating that they are so DAMN slow at contacting us.

I'm thinking they think you'll just fall over. In the Celtic Tiger times, I'd say this bullsh|t has worked for them. Also...

Sofiztikated wrote: »

Engineer brought up some fairly big issues, (Roof not supported correctly, a simple E Wall would sort this out, and walls not scratch coated, so not in line with regs) and sent it to the agent to get the works carried out.

I'm thinking if they f**ked up the first time, they'll f**k it up again if they rebuilt it. Did you ask any of the others if they got an engineer, or had taken the recievers word for it?

Oh, and what's the area like for bad weather? Do you want to have a substandard roof when the rain starts pounding hard on the roof?

jimmycrackcorm

Op, either accept the house at the cheap price you are getting and get the remaining snags fixed yourself or simply pull out and buy elsewhere.

You want your cake with icing but the baker has turned three oven off...

Sofiztikated

the_syco wrote: »

Sounds like as they've sold all but two houses, they no longer need something like a creche to draw people there. As for no demand, I'd say a lot of the people that just moved in would be looking to start a family, with the creche drawing them in. If there's another creche nearby, sure, it shouldn't cause a problem then, but if not, you'll have a lot of unhappy people.

There are other child minding facilities in the town.


I'm thinking they think you'll just fall over. In the Celtic Tiger times, I'd say this bullsh|t has worked for them. Also...

My thoughts exactly


I'm thinking if they f**ked up the first time, they'll f**k it up again if they rebuilt it. Did you ask any of the others if they got an engineer, or had taken the recievers word for it?

A lot of the others took the receivers word for it. Our engineer did other work in the estate, and while other houses did have some issues, the purchasers went ahead and bought without pushing the snagging.

Oh, and what's the area like for bad weather? Do you want to have a substandard roof when the rain starts pounding hard on the roof?

Which is why I want the support fixed.

jimmycrackcorm wrote: »

Op, either accept the house at the cheap price you are getting and get the remaining snags fixed yourself or simply pull out and buy elsewhere.

You want your cake with icing but the baker has turned three oven off...

So you suggest letting them sell houses that don't meet reg's? The cheap price isn't that cheap any more. Its competitive. Of course I want my cake, I'm entitled to put in an offer, and they obliged to meet regulations. Simples.

mrgaa1

which town is this place? 260 to 120 is some drop. Any left?

Sofiztikated

Sofiztikated wrote: »

See thats the thing now, there was a bit on the radio the other day with them blowing how all the houses are sold bar 2, and they have to change the onsite creche into another 4Bed due to the demand. (Which I believe to be horse****.)

This is what pisses me off, if it was a kettle I had put a deposit on, I could get my money back if the damn thing was leaking, but go to spend €120k on a house, and it gets arsey.

As regards the walls and the sound insulation issue, they just want to do sound test, and prove there will be no sound from next door, but the way I look at it is that should I say yes, and come 5/10 years time when we decide to move on, the next surveyor will come in and see the exact same issues, and I'd lose out.

Its so frustrating that they are so DAMN slow at contacting us.

mrgaa1 wrote: »

which town is this place? 260 to 120 is some drop. Any left?

Don't want to say the town, due to the nature of the issue, but it wouldn't be that hard to find.

Also, houses for that (OR less) aren't that hard to come by now.

Sofiztikated

Hi all.

Thought I'd give people an update to this issue.

Well, I say an update, we are still in exactly the same place we were.

They say no further works will be carried out, our solicitor replies that that has no legal standing, that building regs have to be carried out, and then then they ignore us for another month.

I'm so pissed off at this stage, its unreal. Not sleeping, moody, depressed.

Wondering now if it would be possible to pull out, and then take the shower to court, to recoup solicitors fees, engineers fees, and rent for the last year over wasting our time and breach of contract.

Jo King

Serve a 28 day notice calling on them to complete and give you good title. If they have not done so after 28 days repudiate the contract and sue for the return of your deposit and damages. Be prepared for lengthy litigation.