Can I instruct my solicitor to with-hold some money at closing?

[sexykitten72]

I bought an apartment in March 2010. The building was completed externally and the builder was to complete the interior of it. I paid a booking deposit of €6,000 and signed initial contracts and paid a further €5,000.
I booked a week off work to move in in September which didnt happen because when I went down in August to measure up I found none of the work had been even started so I was patient and told the builder I was gonna move in in December so I booked another week off work and still the work was not completed. I then told the builder I want to be in December 29th and my solicitor had the cheque from the bank to close. It is now January 4th and I took two more weeks off work to move in and its still not ready. I've paid for a snag list and a follow up snag list and thats set me back a further €500 because the builder didnt complete the snags. I want to move in this weekend as I've people helping me but I am afraid to close in case the builder doesnt complete the work. Do I have a right to withold money from him until he finishes the work? Im talking €2000 to cover wardrobes, sofa and minor paintwork?​

 

[mf1]

Big mistake on your part there. Taking time off before the apartment was completed.

You can only close and withhold money by agreement. If builder does not agree to you withholding money, he won't close. If he does agree, you can withhold money. You should be quite clear upon what basis you are withholding and a time frame after which you keep that money and complete the works yourself.

What can you do? Wait for it to be finished or threaten to walk away. if you do walk away, you may not get your deposit back.

Best to ask the solicitor for his/her best advice as to how to deal with the issue.

mf