Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

Being pressured to close sales on an unfinished house

Options
  • 29-10-2008 4:38pm
    #1
    nsnoefc1878
    Closed Accounts Posts: 596 ✭✭✭


    I paid the deposit on a house in May 07 and they have until mid November 08 to finish it or I am due my money back and now they are trying to get me to close on it despite the site being a total disgrace and basically dangerous and really unliveable. Is anyone else in this situation? I am willing to fight this tooth and nail as when spending such vast amounts of money you should expect and demand top service. I don’t believe developers should be allowed to get away with this type of behaviour as if you bought a €5 bowl of soup in a restaurant and it was not right you would hand it back so when spending 100's of thousands of Euros you should demand even more. I also feel the law is not protective enough of buyers in this regard and favours the developers far too much


Comments

  • Options
    #2
    Ste.phen
    Registered Users Posts: 2,808 ✭✭✭Ste.phen


    You need to talk to your solicitor about this,
    If you want to go ahead with it, but want the place up to scratch beforehand, you have a serious fight ahead of you I fear.
    If you want out, they'll also fight, but i reckon you've more chance of getting away with your money back...


  • Options
    #3
    nsnoefc1878
    Closed Accounts Posts: 596 ✭✭✭nsnoefc1878


    I think I will be fighting it and looking to get out of it, although I dont care if I get my deposit back or not, I'd be glad to just walk away from this now. It has been a trying and stressful situation and if they think I will just roll over, pay them a huge ammount of money and move into a bomb site, they can think again


  • Options
    #4
    jimmycrackcorm
    Registered Users Posts: 14,339 ✭✭✭✭jimmycrackcorm


    Make sure you are prepared for it. Get an independent witness to view the state of the property on the due date of closure. That will either help your bargaining power or help you get out of it.


  • Options
    #5
    Victor
    Registered Users Posts: 78,392 ✭✭✭✭Victor


    I imagine the builder is under pressure from his bank to get a committment on cash flow.

    Talk to your solicitor and proceed carefully.


  • Options
    #6
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    You should have been talking to your solicitor before now. You may have to issue a 28 day "notice to complete" and when they are not in a position to deliver up the completed house you have contracted for, repudiate the contract and seek the return of your deposit.


  • Advertisement
  • Options
    #7
    EnoughSaid
    Closed Accounts Posts: 48 ✭EnoughSaid


    You also have to bear in mind the the property is now likely to be worth about 25% to 30% less than what you originally agreed to pay for it due to the fall in house prices. If the builder gets the property into a fit state to move into you may have to complete the contract or be sued for non performance by the builder. However, as the property is not in a fit state I would say that this fact gives you a better arguement for pulling out. You really need to get your solicitor involved.


  • Options
    #8
    Peppi Doe
    Closed Accounts Posts: 11 ✭Peppi Doe


    Am in the same boat, being plagued by calls from the builder & the estate agent, place isnt ready, cant drive car down road with all the building going on plus no street lighting...think this is a requirement. Solicitor being good so far but builder threatening all sorts


  • Options
    #9
    dresden8
    Registered Users Posts: 3,290 ✭✭✭dresden8


    Peppi Doe wrote: »
    Am in the same boat, being plagued by calls from the builder & the estate agent, place isnt ready, cant drive car down road with all the building going on plus no street lighting...think this is a requirement. Solicitor being good so far but builder threatening all sorts

    Surely the correct response if you're being pressured is fuck off?

    A most under-used term.

    And video tape and photograph everything in case things get nasty.


  • Options
    #10
    Peppi Doe
    Closed Accounts Posts: 11 ✭Peppi Doe


    yeah, taken lots of pics at the different stages.

    Contract stated 18 months to complete, 4 months on they've ignored my 'requests' to have deposit refunded as contract breached, they say its not a significant breach......


  • Options
    #11
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    Peppi Doe wrote: »
    yeah, taken lots of pics at the different stages.

    Contract stated 18 months to complete, 4 months on they've ignored my 'requests' to have deposit refunded as contract breached, they say its not a significant breach......

    In their eyes its not a significant breach. It is a breach nonetheless- and not up to them to pontificate on the severity of the breach. The boots are on your feet. If I were you'd I'd investigate whether there was any possibility of having the contract voided in its entirety and simply walk away (preferably with your deposit refunded to you- but depending on how things are, you may be thankful to simply walk away). Have you explored these options?


  • Advertisement
  • Options
    #12
    Peppi Doe
    Closed Accounts Posts: 11 ✭Peppi Doe


    Thanks, been thinking the same & solicitor has been consulting with a barrister. Its kind of unchartered territory so hopefully it'll be sorted & can stop thinking about it

    a breach is a breach except when its a builders breach :confused:


Advertisement