Specific Performance Proceedings

AJ Dundrum

Hi there,

Currently being sued by a developer for failing to complete on the purchase of an apartment. The builder has issued proceedings against several other people in respect of the same development.

They had been putting the squeeze on last summer for me to close on the apartment and I snagged it. Upon inspection of the apartment it transpired that it had been substantially changed from plans and that there were several breaches of building regs (had an architects technician friend with me).

After meeting with my solicitor he suggested that I get a surveyor in to do a full report. As soon as i did this the builder issues High Court proceedings against me. I changed to a large firm of solicitors at this stage as I felt it wasn't a matter for a small conveyancing practice to be dealing with and it was getting quite serious. Since then I have had to engage an architect to write a full report for my defence and have paid in excess of €20k on professional fees.

As it is going on for well over a year I am anxious to get it over and done with. They have offered a substantial discount in the purchase price but this is unacceptable to me as I fear that i will not be able to sell it when moving on in the future. It was purchased in good faith with the intention of it being my home - I am not a property investor.

Has anybody had a similar experience over the last year and what has been happening? Any thoughts or suggestions would be greatly appreciated.

AJ

D3PO

well quite simply you have 2 options

1. you do a deal with the builder but given you say building regs have been breached i dont recommend this

2. you have your day in court you win if indeed there are building regs breached and you also get your costs. the developer eithter fixes the issues or agrees to terminate the contract you have signed and repay your desposit along with your professional fees

RATM

If your legal team is dam sure that there are ample similar cases like your own that have gone the defendants way then I'd hang on for your day in court.
If its the case that builder tried to pull a fast one he's probably hoping you settle out of court.
Don't let him throw his superior financial muscle around, if you are sure you are in the right and cases have gone that way before I'd say be patient and go for it.


edit: Apart from his breach of building regulations how was the apartment "substantially changed from plans"? Was the square footage smaller than what was signed on the contracts? If so I'd say you have him by the short and curlys.

AJ Dundrum

Thanks for your responses!

RATM - square footage is a good deal smaller (approx 7%).

There doesn't seem to be a huge number of precedents for these type of disputes and from what I can gather most are settled before they get to court. My argument has been consistent with them from day 1 and its getting to the stage now where I almost want it to go court so that I can recover my outlay.

Just seems a little bit wrong that builders are suing individuals on the instructions of their lenders who in turn are being bailed out by the taxpayer.

The_Conductor

To be perfectly honest- I given the material differences in the property, and the breaches of numerous building regulations- I would suggest you have a case of 'malicious prosecution' (I've checked and believe its still on the Irish statute books- but I would suggest you clarify this with your solicitor).

I would suggest that you convey via your solicitor that you are seeking:

1. Dissolution of the contract
2. Termination of proceedings
3. Restitution of costs
4. Compensation for malicious proceedings

They won't agree of course- but it will indicate to them that they are not going to get away with it. Realistically you will see them in court (probably against their will- as they most probably don't want to be there either)- and if the facts are indeed as you have set them out here and you can demonstrate them to the satisfaction of the judge- you should win the case.

hobochris

Keep us informed, It sounds like this should be a win for the little guy.