New build contract changes before signing

questions007

Hi all,

My solicitor sent the contracts on to me for signing and I have gone back with a couple of questions with no prompt replies so far. It seems like they are just using a standard contract.

While the clauses regarding upgrades and supplying own tiles etc have been struck off there are several clauses I find doubtful

• My concern is more from a legal point of view. The details on internal fittings etc are not mentioned on the contracts regarding kitchen appliances, shower doors etc. While there is a specification document with external finishes and timber structure etc.
• What happens if the final BER rating fails? Can there be the builder’s responsibility to fix it? Because as per the current clause, it seems like the builder is evading that responsibility by saying that he is not responsible for any particular BER rating.
• Same for parking- if there is designated parking allotted to me shouldn’t the clause about discretionary parking depending on Management be amended?

I am thinking more in terms of having a legally enforceable contract including promised specification facilities to that if anything goes sideways- I can go back to the contract and ask for things.

Details of the level of finish, fixtures and fitting should be included in the contracts. They wont tie themselves down to brands and models as these could change but you should have a contract that details what's included in the sale so the developer cannot change their mind as the houses are built.

BER is generally carried out on one of the properties and applied to all the ones with the same design.

The location of your assigned parking should be included in the contract of sale, any unassigned parking will be a matter for the OMC to deal with.

questions007

https://www.boards.ie/discussion/comment/120656908#Comment_120656908

I have posed these exact questions to the solicitors and they seem to be very helpful in trying to get any clause amended or so.

They have included a map of the parking but the clauses also say that it can vary and is at the discretion of the OMC.

No details about the brochure included either (fitted wardrobe, appliances etc) just timber frame and structural details.

The solictors are simply directing me to the Estate Agents instead of being proactive or reactive regarding either trying to get clauses amended OR advising that this isn't usually done or anything.

If its not agreed in writing you don't have a leg to stand on if you encounter issues in the future.

If the parking space assigned to your unit is not detailed on your drawings you need to ensure that the contracts include the exclusive use of an assigned parking space.

3DataModem

I would not accept a contract that didn't specific the actual parking space, if that is what is agreed. I've seen a couple of cases where this has caused problems down the road with the same space being allocated to two properties and there was no recourse to contract.

questions007

https://www.boards.ie/discussion/comment/120657596#Comment_120657596

Screenshot 2023-05-30 at 12.34.32 PM.png

This is what it says for me. They have included a drawing but also added these clauses, which technically don't offer any guarantee IMO.

questions007

https://www.boards.ie/discussion/comment/120657807#Comment_120657807

Screenshot 2023-05-30 at 12.34.32 PM.png

This is what it says for me. They have included a drawing but also added these clauses, which technically don't offer any guarantee IMO.

Any advice?

3DataModem

https://www.boards.ie/discussion/comment/120657957#Comment_120657957

Realistically, you are probably not going to get them to improve the contract for you. I'd ask what the plans are for your unit's spaces currently, and see if you are satisfied with that, and if the overall plan seems reasonable (i.e. spaces are reasonably close to all units) then I might take the chance. However I don't have young babies or elderly people living in my house, so walking a few yards to a parking space would not be the end of the world.