UK Landlord Forum / Life

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.

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.

Have you exchanged yet?  Doesn't sound like it if there is a mortgage involved.  If you haven't then you haven't purchased anything, just expressed an interest to purchase and paid out for XYZ in the process.  As a result, you're not entitled to any 'compensation', refund or damages or any other word that you can think of that would mean the vendor is liable for anything.  All part of the wonderful house buying process.

The sellers solicitor isn't delaying anything at all, it's all down to his idiot client not providing the required information.  The reason that the client isn't supplying these relatively simple things is that they don't exist I'd hazard a guess.

Thanks very much for your response Riptide.

You are correct, we have not yet exchanged.....so looks like I'm going to lose all of the money I've put out thus far for solicitor etc.  I've also come to the conclusion that the builder ran out of money!

It sucks.  Have you asked your solicitor of you can take an indemnity policy out regarding any of the issues highlighted?

When I was buying a place from a Developer and they messed me around and my mortgage offer expired, I kicked-off until they agreed to pay the reapplication fee. Thankfully, I also kicked-off with the Building Society (not their fault) as well and they then waived their fee. The simple point being... if you are out of pocket through no fault of your own... make someone pay or walk away.