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Complicated house purchase advice please

17 replies

greenberet · 30/10/2018 17:35

Had an offer accepted on a new build property that I understood was ready to complete on back in May. One of two properties with a first time developer I think.

2nd property still being built at time but said I was happy to complete on mine regardless and expected to be in by end of July. Estate agents/ developer gave misleading info on timescales and dripfed info to solicitor. In august announced needed to apply for retrospective planning application which would take a further 6 weeks. I had already had a snagging report done which identified lots of issues and basically said finish was not new build - developer refused to do most of these including repainting one external wall now stating property was sold as seen.

Started making noises about putting property back on market as did not feel I was a committed buyer. There was an issue with property had been trying to get definitive answer on but kept getting stalled.

Solicitor advised I got a surveyor to check it and initially developer refused access for this - then said he would fix issue if I held off surveyor. I went ahead with survey which has identified some other issues.

Whilst I was in hospital awaiting back surgery developer said if I did not exchange that afternoon he would put property back on market which he then did as there was no way I could get paperwork sorted and at a higher asking price.

I have since been to my solicitor to sign contracts and give deposit and said i would complete within a week without need for further investigations but at £10k less. Developer has said no as wants what was agreed even though this was 6 months ago and not all issues have been inspected - electrics/ gas and possible drainage issue. He is now refusing to engage with me and is continuing to remarket

If anyone recognises me they will know I am having to consider purchasing 200 miles away as I cannot afford locally due to shite divorce settlement.

I have already said that if this sale does not complete due to developer I will be looking to recover my costs and I have complained to estate agents about their diabolical service. There is nothing that would support not being a committed buyer - I think he was looking for a stupid one!

None of this is ideal it is a nice property and I am limited as to what I can afford so do I just pay at was agreed and hope for the best. As it is my situation means I neeed to give up the formerly family home and kids move to their fathers to they are 18 as I cannot make it all work financially. ( very long complicated divorce story)

Under stress my default is to do nothing. I can’t do much anyway as just out of hospital?

I don’t know why this has worked out like it is - my assumption is the developer is a greedy lying fucker just like my x and now wants more money.

I want to call his bluff but may end up losing out to do this and not sure where this would then leave me - any suggestions as to how i can protect myself from the issues the developer is refusing to address - don’t really want more complications in my life!

OP posts:
WhatAboutTheWeather · 30/10/2018 17:39

Too many red flags here - I'd move on and find somewhere else.

prh47bridge · 30/10/2018 19:20

Agree with WhatAboutTheWeather. I would probably have pulled out when I found they hadn't applied for planning permission. I would definitely have pulled out when they refused to fix the problems with the property and tried to claim it was sold as seen. And, even if I was persuaded to carry on at this point, refusing access to the surveyor would have been the final straw which told me that the seller is a real cowboy and that I would probably have loads more issues with the house if I actually bought it. Find another house.

greenberet · 31/10/2018 07:18

Thanks for the replies - I understand where you are both coming from - I was hoping for some practical advice on how to continue with the purchase but make sure I am covered. I’ve looked around there is not much else available for the price - I think he knows this and is just greedy - strung me along until the 2nd property was completed - even suggested I buy this at £20k more that mine so I think this is all about him trying to get maximum price.

OP posts:
NoSquirrels · 31/10/2018 07:23

House prices may yet come down. Walk away. This sounds like a disaster and you don’t want to begin your life as a divorcee with a disastrous house purchase.

Villanellesproudmum · 31/10/2018 07:24

Has it beens signed off by building control and have you had copies of the electrical and gas certificates. Does it include appliances and if so have you received a pack containing all the booklets etc.

It sounds as though you want to continue.

What did the survey and snagging list highlight.

TulipsInBloom1 · 31/10/2018 07:25

Id have walked away long before now. So my advice is to cut your losses and step away

OhmydearGod · 31/10/2018 07:29

Has it been signed off by Building Control. If not it wouldn't be a mortgagable property and don't touch it with a barge pole. To be honest, it all sounds really dodgy. I would be looking for somewhere else.

Creaci · 31/10/2018 07:30

Walk away. There is no way to cover yourself. The house is dodgy and the builder knows it. He's just trying to unload it.

PearsOfWisdom · 31/10/2018 07:30

I understand that you are very focussed on getting this property and I guess you hope that any issues will be minor and you can fix them cheaply .

But there may be major problems, either in the building or legally. And it doesn’t sound like you have a lot of spare cash or other resources to deal with them.

I agree you should walk away. If this property was such a great deal then others would be queueing up to buy it. And they are not, otherwise builder would have agreed a deal with them and walked away from you.

Is your divorce and financial settlement final ? If not, can you get more advice on this ?

I’m sorry, I know this isn’t what you want to hear.

OhmydearGod · 31/10/2018 07:30

Are they offering NHBC or similar not that that is really worth the paper it is written on

Mummytowooter · 31/10/2018 08:39

Walk away from this. Too many issues and the developer is taking the piss

💐

Panicwithmephisto · 31/10/2018 09:13

I would walk away.

Without proper planning permission/building certification, and loads of defects, the property is worth a lot less then you can hope to sell it for. Not to mention all the time and grief to sort everything out.

Don’t be a mug. Walk away from this one.

greenberet · 31/10/2018 09:43

There is an architects certificate but this is worthless just like NHBC - yes been signed off by building inspector - there are appliances and yes have got info on these - boiler is under warranty.

Need to double check if electrical cert - but this was picked up by surveyor - also couple of drain covers not fixed properly

Divorce is final

I think reason why no one else was interested was other property was still being built and they would be moving onto a building site but now that is occupied. To be honest think he wanted to market it for £10k more but lower price reflects drop in prices

I’m not one to give up easily!

OP posts:
TulipsInBloom1 · 31/10/2018 16:16

Knowing when to walk away isnt giving up.

SilverHairedCat · 31/10/2018 16:27

You're not giving up, you'll be protecting an enormous investment. Imagine if you bought this without the snagging list fixed or the full survey and it transpired the building was essentially a death trap. You'd be completely furious, living in a dangerous financial hole and legally I'd have no idea where you'd stand - probably nowhere if you'd signed over your rights to a survey.

Walk away, this "developer" is a cowboy.

Not getting planning permission?
Refusing to deal with snagging list?
Refusing access to a surveyor?
Property sold as seen?

What the hell is he hiding in there?

Xenia · 01/11/2018 12:27

Pull out entirely. Don't expect to get any expenses back. Perhaps buy an older property which has stood the test of time?

Jack65 · 01/11/2018 21:14

Don't under estimate the time, expense and stress costs of trying to put right bodged building work. As pp said, buyers don't appear to be queuing, up which might tell you something.

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