Developers Solicitor Continues to Delay Completion for 5 Months

by Readers Question

10:59 AM, 11th May 2015
About 4 years ago

Developers Solicitor Continues to Delay Completion for 5 Months

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Developers Solicitor Continues to Delay Completion for 5 Months

Hi,

I purchased a 1 bedroom flat in a small converted office block in November 2014, which dates back to the late 1800s. At the time of purchase, the conversion was nearly complete and I was told it would be finished by Christmas 2014. Developers Solicitor Continues to Delay Completion for 5 Months

As usual, I encountered delay after delay but my flat was finally completed on 28/4. However, the developer’s solicitor has still not provided the final pieces of documentation to my solicitor, despite requests dating back to 28/1/15.

My mortgage offer expired on 30/4 but I was able to secure a 1-month extension, which expires on 30/5/15.

The developer’s solicitor continues to ignore my solicitor’s request for the following:

1.) Sight of Building Regulation Approval: Local search has revealed that this is in place so why is this not being supplied?
2.) Sight of the Building Regulation Completion Certificate: My solicitor understands they are unable to supply this until completion, however, there is no mechanism in the contract that this will be supplied with notice to complete and indeed there is no provision in general to complete on notice in the contract.
3.) Copy of EPC: We only require a contract clause that this will be provided
4.) Sight of the Architects Certificate: Again just a contract clause
5.) Architects Professional Indemnity Insurance
6.) Domestic Installation Certificates
7.) Service Charge Budget/ Estimate

I’ve concluded that either the developer’s solicitor is beyond incompetent OR the developer is trying to hide something.

I would very much appreciate any advice on my options, as I believe I’ve exhausted all avenues. I call my solicitor almost daily to ensure they are in regular contact with the other solicitor and I continually escalate to the estate agent- but it’s just not working. Shall I hire a lawyer? Am I entitled to compensation from the loss of potential gains from other alternatives investments?

Thank you for your consideration.

Luc Gernay



Comments

Harlequin Garden

13:23 PM, 11th May 2015
About 4 years ago

Maybe ask you solicitor to put an indemnity insurance in place to cover these?

Shakeel Ahmad

14:53 PM, 11th May 2015
About 4 years ago

It is normally the other way round.

I have bought various off plans & the completion was done on time to the extent that the builders were still clearing up the place when I was moving in my belongings.

If you intended to rent get a rental valuation to support your claim for loss of compensation.

Rob Crawford

15:59 PM, 11th May 2015
About 4 years ago

I agree with Harlequin and would consider indemnity insurance as a solution until you get the information requested, its a one of payment, you can instruct your solicitor to deduct the premium from the purchase price. It maybe be worth also getting a condition report or house buyer survey, but brief the surveyor ref your concerns. Also why not go to the property and talk to the developer yourself. Solicitors are not the best communicators - especially when talking to each other. The developer may also be pulling his hair out!


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