This will be long so I apologise in advance but I really need some help!
We are in the process of buying a new build using the previous help to buy scheme with our plot being the show home. We reserved our plot in October initially but the sales office called on the day we got our DIP to state they were pulling out because they prefer cash buyers on show homes and asked if we had a further £20K to cover any valuation difference. Their justification for this was due to the current delays with mortgage offers. This decision was later backtracked and the area manager, in writing, confirming they had acted at haste and allowed us to re-reserve. The condition was we complete by 01 Feb 2021
We are using their preferred broker and solicitors so to ensure there was no delays on our end, sent all the paperwork and more then requested including transferring the deposit to the solicitors as this was to ensure no delays on exchange. I even located current and recent second sales of the same property type on an estate they built 4.5 miles up the way. The sales office confirmed they would use these in the valuation report as it showed the houses now valued to be some £15K more than what ours was currently on the market for.
Our valuation was completed first week of December apparently out of the blue. The developer sales office state they were not warned of the valuation nor had it been booked in. The valuer state they tried to call the sales office multiple times but the calls were ignored - we've seen the calls be ignored when in there so likely to believe this. After they had been, the sales rep called to confirm she showed him what she had managed to pull together but forgot the other house sales up the way despite the email promising it would be included.
The following day the valuation came back as....... £20K less than the asking price. £5K of this according to the report was because the road is not yet completed? My DP was not shocked at all given weeks earlier we were asked if we could bridge a £20K shortfall. The developer wanted to put in an appeal and in the meantime, I done a bit of research:
- The 2 'shells' of our house type still for sale are currently listed at £293K whereas pre stamp duty and covid, all houses that sold of our house type did at £269K. There are only 6 plots on the site overall remaining and all have been increased since covid by £20-24K.
- I found our house on a archive listing on google for £293K from Feb 2020. We reserved it for £315K and the valuation came in at £295K.
- Under the help to buy, we are not allowed to bridge the difference in cash. It states the sold price must match the valuation of the 1st charge mortgage which is a non negotiable condition for the developer. If a property is undervalued, the developer can appeal failing which, they would need to reduce the house price in line with the valuation report.
The appeal apparently wasn't submitted correctly by the developer and they were asked to resubmit but this time in chronological order the week before last. We had a call a few days later from the site saying they were preparing to house for handover first week of Feb and making us aware the drive will be completed shortly and the snags are being done. We contacted our broker who states there was no outcome on the appeal yet thinking she may have been slow to let us know. My DP now thinks the developer know something we don't for why else would they call him/us to get us ready for Feb handover.
On Friday an email from our broker stated the appeal has came back as no change. She is unsure if this is automatic email as it has not rationale on it but she is chasing this coming week.
We are at a completely loss as to what we need to do or what we can do. Who is it we need to speak to regarding the price to be dropped in line with the valuation? They've asked again to bridge the gap in cash but we know we cannot do this under the help to buy - do we need to make the solicitors aware they are breaching their obligations and let them handle it?
The shell plots are not ready until April/May so we cannot buy one of them instead and with the new price cap on the help to buy, there are no houses suitable for us. The broker and developer have all said this delay is not down to us but the valuation and therefore didn't pull out when the 28 days to exchange wasn't met- we've still not exchanged but apparently could exchange and complete the same day. We are currently renting so I've been organising, de cluttering and boxing what I can so we could be prepared.
I'm so stressed with all of this. If anyone's any guidance, help or knows where we can go from here please share.