can I get out of my contract

D

dub1

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I had my property snagged this week. There are serious problems with the property. The snagger is a structural engineer with years of experience and seems really clued in. There are abnormally high moisture levels throughout including the ground floor slab. He said that all windows and doors throughout need to be replaced. There are also problems with the electrics, all the tiling throughout. The list is as long as your arm. My question is whether at this stage I would have any grounds to pull out. I just have no faith in the builder. I have been dealing with him since last January and I have no faith in him what so ever. He is a complete cowboy and has tried to cut corners at every stage. One other thig is that the size of the property is 1399sq ft. Before I purchased the property I tried to negotiate a better price as I had to pay stamp duty(the property was over 1346sq ft). The builder has basically falsified documents to say that the property is 1340 sq ft in order for no stamp duty to be paid. Taking this into account would this affect my chances of getting out of this. Its a lovely property and if everything had gone a bit smoother I would have no problem going forward at all but I know that there are going to be a lot more problems ahead
 
I don't know if you can get out of your contract Dub1.
However, I certainly wouldn't suggest that you use the fact that both you and the builder acted illegally, he in falsifying documents, you in being fully aware of this fraud, and acceding to it, to defraud the state coffers.
You could personally get into big difficulties if that indeed is the case.

Nicola
 
It seems hard to get out of a contarct on the basis of a poor finish etc...Is the contract subject to loan approval?
 
With regard to the size of the property i put it to the builder that the size is 1399sq ft. He assured me that it was 1340sq ft. It was never a case where by we both colluded to agree it was a340sq ft. I just know from the estate agent etc that the size is in actual fact 1399sq ft. I did say it to my solicitor who said that if the builder says that its 1340 sq ft and provides documentation to say this then that was fine.

As far as I am aware the contracts would be subject to loan approval. Would this make a difference?
 
I think it unlikely that the contract is subject to loan approval as this is very rare now however if it is you might have a better chance of getting out of the contract.

It might be advisable to have your snagger measure the property and if it measures at 1399 sq. ft. you could use this a a bargaining tool to get out as he may have obtained a fraudulent floor area certificate from the dept of environment

http://www.environ.ie/en/DevelopmentandHousing/Housing/FloorAreaCertification/
 
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