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Closing a sale & arbitration

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  • 23-11-2007 6:49pm
    #1
    PDD
    Registered Users Posts: 1,019 ✭✭✭


    Hi Folks,

    I was wondering if anyone here has had to go through the process of arbitration for the resolution of closing the sale of a property? I would like to know whats involved etc

    At the moment I am trying to close a sale with a builder who is flat-out refusing to carry out any more work on the apartment. The two major issues that are outstanding are a gas leak (apparently resolved but he will give me no feedback or reassurance on this what so ever, point blank ignored me on the issue) and damage to the roof which has been present on the snag list from that the start that was carried out by a structural engineer. The damage to the roof is missing two tiles and a gap in the sofit detail, the finish is poor and the sofit has been bent into place. These are only two major items with another 30odd minor ones to boot.

    I was prepared to accept a letter of underwriting for these works (and let the other items on the snag list close) however th builder has refused to do any more work on the apartment and has issued me with 28 days notice to close. I know that legally they cannot force me to close the sale if major works are outstanding (which I believe the issue with the roof is) and the only option at this point is arbitration. My solicitor has advised me to pursue this route as he does not believe a resolution will be found any other way and the structural engineer who I engaged to do the original snag has said he believes everything on the list should be completed.

    Regards,

    Dave


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    #2
    Victor
    Registered Users Posts: 78,400 ✭✭✭✭Victor


    You could try talking to Bord Gáis (assuming it is them) about the gas, say you have concerns and can it be checked out. I don't know if they will charge.

    If you aren't worried about "fill hole in skirting behind bedroom door" type items, potentially ask you solicitor to approach the builder saying you might be willing to drop everything else, if those two points are dealt with. Let the engineer still be there as the bad cop (he will understand), while you play good cop.


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    #3
    PDD
    Registered Users Posts: 1,019 ✭✭✭PDD


    @ Victor - Cheers for the feedback, with regard to getting Board Gais to check the gas out I have requested this from the builder and gotten no reply and right now all communication is via my solicitor. As I mentioned in the post I was prepared to accept a letter of underwriting for the major works but the builder has flat out refused this offer and stated that no more work will be carried out.


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    #4
    Glenbhoy
    Registered Users Posts: 1,853 ✭✭✭Glenbhoy


    You would think in the current climate, and considering that they're hardly busy the developer would be eager to get the sale closed asap.


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    #5
    uberwolf
    Registered Users Posts: 7,580 ✭✭✭uberwolf


    it's common knowledge that developments are seriously struggling to get people to even view the properties. And I have first hand experience to confirm this

    I would suggest that unless you have seriously set your heart on this particular development, that you ask your solicitor to withdraw your offer on the basis of the builders refusal to address your legitimate snag list.

    Unless you put your deposit down 3 years ago then you will secure an equivalent property for cheaper elsewhere. And feel better for it.


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    #6
    PDD
    Registered Users Posts: 1,019 ✭✭✭PDD


    Unfortunately pulling out of the sale is not an option otherwise I would have played that card a long time ago and probably walked away by now. I dont know why he has chosen this route but I can only assume that its something personal.


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    #7
    Borzoi
    Registered Users Posts: 2,876 ✭✭✭Borzoi


    PDD wrote: »
    At the moment I am trying to close a sale with a builder who is flat-out refusing to carry out any more work on the apartment. The two major issues that are outstanding are a gas leak (apparently resolved but he will give me no feedback or reassurance on this what so ever, point blank ignored me on the issue) and damage to the roof which has been present on the snag list from that the start that was carried out by a structural engineer. The damage to the roof is missing two tiles and a gap in the sofit detail, the finish is poor and the sofit has been bent into place. These are only two major items with another 30odd minor ones to boot.

    While I've threatened a builder with arbitration before, it was very clear that something was not to contract - so be careful

    Secondly - the sofit and roof may be nothing to do with you - as an apartment owner you only have the lease for the internal property. it will be the XXXX Management Co who own the roof, and they will employ their own surveyor. In effect all you may do is delay your purchase for no effect :(


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