Floor area cert and Contract Issue

[ruby]

I have a situation I need some advice on.

I was in the process of buying a new build house under 125 sq m in Donegal, I am a first time buyer, and as far as I was aware, I was ready to complete.

The Builders solicitor told my solicitor that they would not be issuing a floor area certificate, which meant that I was obligated to pay the stamp duty.

I was not going to pay the stamp duty, so I asked my solicitor could I get out of the deal? He informed me that the builder had not signed his part of the contract and that we could get our money back.

We informed the builders solicitor that we were not going ahead with the sale and to give us back our 10 percent deposit. The builder has sold the house on to someone else, but we have not got our money back yet and this is over a month ago now.

Can anyone tell me if I am correct in asuming that because the builder did not sign his part of the contract that no contact ever existed and I should be entitled to my money back asap?
Also, we signed our part of the contract 8 months ago and handed over 10% of the purchase price. If there is no contract, what is the builders solicitor doing with my money for 8 months?

What action can I take to get my money back?

I am pretty pissed about this situation and I was wondering if I can make some sort of claim for:

Additional features we added to the house which someone else is getting?
the interest I could have made on this money since the builder has had it?
the interest we have paid on the loan we are paying for this money?
the fees for arranging a mortgage
the percentage house prices have went up in this time our builder has messed us about??!!!!

I know its long winded but any help/advice much appreciated.
ruby

 

[Guest107]

you can get a Consultant Engineer and / or maybe a Consultant Surveyor to produce a floor area cert if the builder will not ...but ring them and check . The same dude will also have to do your snag list .

sounds like builder is on the diddle somehow but there are so many possible diddles to choose from

 

[woods]

I can not think of any reason why the builder would not give you a cert. These are sent out from some where in Sligo and it is no problem to get them.
I think that you have been hard done by here and this builder deserves to be hung drawn and quartered. What is your solicitor doing. He/She should be fighting this for you.

 

[ruby]

I read somewhere the Builder would have to submit accounts to the revenue to get the Floor Area Cert, and I was thinking his accounts may not be in order? but then someone else told me that you have to submit accounts yearly anyway?
I Just dont know!