New Build Purchase Hell - what happens if they don’t deliver by contract date?

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Barnbaker11

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Currently going through hell trying to purchase a build home, and dealing with the most incompetent of incompetent developers.

To summarise, sale agreed of plans November 2023, given handover dates of Summer 2024, subject to connections. Signed the contract in March 2024. Did manage to get a subject to loan clause added in there but the contact gives the developer 24 months to compete (March 2026)

Fast forward 2 years and I haven’t even been called to snag yet, still getting we will tell you when it’s ready. Lie after lie with false dates etc..

My question is, if it does run past the March 2026 contract deadline, can I take a case against them and on what grounds? Would be a kick in the teeth to be only offered my deposit back. The house value has gone up by circa 50k (2nd phase release pricing)
 
Barnbaker11 said:
My question is, if it does run past the March 2026 contract deadline, can I take a case against them and on what grounds?
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You can walk away with a refund of your deposit.

Have all utility connections been complete at this stage? I know of a few schemes where lack of resources in Irish Water are causing significant delays.

You would be entitled to take a case for specific performance, where the court can decide whether to compel the builder to complete the sale or offer compensation. The risk there of course is that the builder may well have very reasonable excuses, perhaps outside their control, that have delayed the process. If a judge finds they are doing their best and are on course to complete within a reasonable time, you may be left with little more than a very large legal bill. If a judge rules in your favour they may not offer much in the way of compensation as it may be considered you are not at a loss if your deposit is returned.

As above, your solicitor is the one to talk to.
 
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