| New build house 16:41 - Aug 10 with 2578 views | strikalite |
A mate was set to move into a new build place, but Vistry Group (Bovis homes)have now told him that it won't be ready for another year, yet on this site many other people have already moved in...and he says that his place looks like it's pretty much ready.
So his mortgage which is obviously sorted on a given rate will now be cancelled and he's not going to be able to get another one next year on such a good deal..
Said I'd ask the TWTD crew for answers, as his Solicitor basically has none!
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| New build house on 17:18 - Aug 10 with 2458 views | Zx1988 |
Have contracts been exchanged? If so, had a completion date already been set that is now being reneged upon? [Post edited 10 Aug 2023 17:18]
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| New build house on 17:26 - Aug 10 with 2429 views | strikalite |
| New build house on 17:18 - Aug 10 by Zx1988 |
Have contracts been exchanged? If so, had a completion date already been set that is now being reneged upon? [Post edited 10 Aug 2023 17:18]
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exchanged contracts, and says completion on notice.. | | | |
| New build house on 17:35 - Aug 10 with 2397 views | chicoazul |
Suspect solicitor does have an answer but is reluctant to give it. OP tell your chum to push back on his solicitor. |  |
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| New build house on 17:40 - Aug 10 with 2379 views | Zx1988 |
| New build house on 17:35 - Aug 10 by chicoazul |
Suspect solicitor does have an answer but is reluctant to give it. OP tell your chum to push back on his solicitor. |
Agree with Chico here.
There will no doubt be legal precedent for scenarios such as this, or there will be appropriate small print within the contract which will allow a get-out for the developer.
Have the solicitor do what they're paid to do, and advise. Otherwise, suggest that he might wish to switch to a different solicitor.
Out of interest, has he chosen his own solicitor, or is it one that's been recommended to him by the developer along with a financial incentive to use them? | |
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| New build house on 17:52 - Aug 10 with 2340 views | redrickstuhaart |
| New build house on 17:40 - Aug 10 by Zx1988 |
Agree with Chico here.
There will no doubt be legal precedent for scenarios such as this, or there will be appropriate small print within the contract which will allow a get-out for the developer.
Have the solicitor do what they're paid to do, and advise. Otherwise, suggest that he might wish to switch to a different solicitor.
Out of interest, has he chosen his own solicitor, or is it one that's been recommended to him by the developer along with a financial incentive to use them? |
Notice to Complete. Unless it is explicitly excluded by the contract. Which the solicitor ought to have advised about in advance as it is a significant weakening of his/her client's typical position. | | | |
| New build house on 18:13 - Aug 10 with 2238 views | ElephantintheRoom |
The question is why is said house not available on the agreed date - and what is in the small print. I don’t think asking keyboard warriors will provide the answer - it’s more to do with what has (or hasn’t been agreed . Third rate jobbing solicitors will be of no use whatsoever. | |
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| New build house on 18:14 - Aug 10 with 2236 views | redrickstuhaart |
| New build house on 18:13 - Aug 10 by ElephantintheRoom |
The question is why is said house not available on the agreed date - and what is in the small print. I don’t think asking keyboard warriors will provide the answer - it’s more to do with what has (or hasn’t been agreed . Third rate jobbing solicitors will be of no use whatsoever. |
Ignorant nonsense as ever.
People have already referred to the terms of the contract and indicated that advice is needed from the conveyancing solicitor on that.
If there is no protection whatsoever, the solicitor ought to have flagged that at the start. | | | |
| New build house on 18:19 - Aug 10 with 2214 views | ElephantintheRoom |
| New build house on 18:14 - Aug 10 by redrickstuhaart |
Ignorant nonsense as ever.
People have already referred to the terms of the contract and indicated that advice is needed from the conveyancing solicitor on that.
If there is no protection whatsoever, the solicitor ought to have flagged that at the start. |
Ignorant nonsense as ever | |
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| New build house on 18:24 - Aug 10 with 2205 views | strikalite |
| New build house on 17:40 - Aug 10 by Zx1988 |
Agree with Chico here.
There will no doubt be legal precedent for scenarios such as this, or there will be appropriate small print within the contract which will allow a get-out for the developer.
Have the solicitor do what they're paid to do, and advise. Otherwise, suggest that he might wish to switch to a different solicitor.
Out of interest, has he chosen his own solicitor, or is it one that's been recommended to him by the developer along with a financial incentive to use them? |
He's buying through Cross Key Homes, they provided the solicitor, so in effect they're connected to this Vistry Group developer... | | | |
| New build house on 18:28 - Aug 10 with 2184 views | ElephantintheRoom |
| New build house on 18:24 - Aug 10 by strikalite |
He's buying through Cross Key Homes, they provided the solicitor, so in effect they're connected to this Vistry Group developer... |
Exactly | |
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| New build house on 18:31 - Aug 10 with 2161 views | Zx1988 |
| New build house on 18:24 - Aug 10 by strikalite |
He's buying through Cross Key Homes, they provided the solicitor, so in effect they're connected to this Vistry Group developer... |
Big red flag right there.
Developer-recommended solicitors are one of the biggest cons in property - they're one of the main parties responsible for the ongoing leasehold/ground rent scandal.
Not at all surprised that they don't want to discuss the matter with him, as to do so would probably drop them/the developer in it and jeopardise their cosy little relationship with them.
Part of me wants to suggest that he press them hard to provide the answers he needs, but at the same time I happen to think that the relationship is so potentially tainted that he should cut his losses, disinstruct them, and engage another truly independent firm that will only have his interests at heart. | |
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| New build house on 18:38 - Aug 10 with 2134 views | strikalite |
| New build house on 18:31 - Aug 10 by Zx1988 |
Big red flag right there.
Developer-recommended solicitors are one of the biggest cons in property - they're one of the main parties responsible for the ongoing leasehold/ground rent scandal.
Not at all surprised that they don't want to discuss the matter with him, as to do so would probably drop them/the developer in it and jeopardise their cosy little relationship with them.
Part of me wants to suggest that he press them hard to provide the answers he needs, but at the same time I happen to think that the relationship is so potentially tainted that he should cut his losses, disinstruct them, and engage another truly independent firm that will only have his interests at heart. |
Sorry, to be clear, you'd pull the plug on the house because of this massive delay? Or fight it through another Solicitor? | | | |
| New build house on 18:42 - Aug 10 with 2098 views | Zx1988 |
| New build house on 18:38 - Aug 10 by strikalite |
Sorry, to be clear, you'd pull the plug on the house because of this massive delay? Or fight it through another Solicitor? |
Get a different solicitor instructed.
The current firm will be more concerned about keeping their relationship with, and steady flow of customers from, the developer, rather than representing his best interests.
A new, 100% independent, solicitor will give impartial and unbiased advice upon which your brother should be able to place complete reliance. Whether that's him being able to compel the developer to complete, withdraw from the contract, or that he'll unfortunately have to suck it up and either take the potentially-worse deal in 12mths time or risk losing his deposit. | |
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| New build house on 18:46 - Aug 10 with 2070 views | strikalite |
| New build house on 18:42 - Aug 10 by Zx1988 |
Get a different solicitor instructed.
The current firm will be more concerned about keeping their relationship with, and steady flow of customers from, the developer, rather than representing his best interests.
A new, 100% independent, solicitor will give impartial and unbiased advice upon which your brother should be able to place complete reliance. Whether that's him being able to compel the developer to complete, withdraw from the contract, or that he'll unfortunately have to suck it up and either take the potentially-worse deal in 12mths time or risk losing his deposit. |
Thanks so much for that Zx
Thanks for other replies too... | | | |
| New build house on 19:32 - Aug 10 with 1964 views | ArnoldMoorhen |
I am not a Solicitor and this is not Legal Advice.
Reading the whole thread, there is a question to be answered as to whether the Solicitor is acting in their client's best interests.
The Law Society, through it's SRA regulatory arm, has a very clear code of practice. It also has a robust complaints procedure with an Ombudsman. There is a clear process to follow, and the first step is for the client to complain in writing that they have been disadvantaged by their Solicitor agreeing to the opt out clauses (if they exist) or advising them to go with what the developer is saying (if they don't).
The Solicitors then have to follow their Complaints Procedure.
Then, if the client is still dissatisfied, they can make a complaint to the Law Society.
https://www.lawsociety.org.uk/public/for-public-visitors/using-a-solicitor/compl
The Solicitor is governed by the SRA Code of Practice, here:
https://www.sra.org.uk/solicitors/standards-regulations/code-conduct-solicitors/
The latter part of Clause 3.1 seems to be the most relevant to my non-legally trained, definitely not giving advice, eyes. | | | |
| New build house (n/t) on 20:09 - Aug 10 with 1883 views | DJR |
Except in the case of "off-plan" purchases, a delay of a year seems extraordinary.
My experience of this type of fairly routine work is that it often done by someone with little or no legal qualifications (eg. an experienced secretary).
Such a person will not have the knowledge to deal with difficult cases.
If this is the case, I would suggest your mate ask to speak to a solicitor or partner in the firm to advise as to his position and rights.
As a client he should be entitled to such advice, even if it is actually a solicitor doing the work.
I might add that I have come across the following which suggest there is a right to withdraw from the contract if there is an unreasonable delay.
https://hoa.org.uk/2020/02/new-build-completion-date-moved/#:~:text=New%20build%
And here's a link to the Consumer Code for Home Builders referred to in that article which suggests that the contract itself should include a right to terminate.
https://hoa.org.uk/2020/02/new-build-completion-date-moved/#:~:text=New%20build% [Post edited 10 Aug 2023 22:05]
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| New build house on 20:11 - Aug 10 with 1873 views | Kevdave2003 |
I'm also no solicitor and I would encourage your brother to speak to someone independent who does have conveyancing knowledge.
However, my understanding is that when exchanging with completion on notice the solicitor should have added a long stop completion date in. This is the latest date that completion can occur, and if it hasn't the contract can be rescinded without recourse.
I'd suggest your brother speaks to his solicitor and asks if there is a long stop completion date included and if not, why not. This date is usually married up with expiry of your mortgage offer to ensure funds are available. Good luck. | | | |
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