P
pdmc
Guest
Early last October, we placed a holding deposit on a new apartment on the outskirts of Navan and began the daunting journey that is buying a property for the first time. When we viewed this building, it was almost complete and was even painted inside at that point. Kitchen, tiling and flooring was all that remained to be done. We signed our contracts in December and the bank issued the 10% of purchase price cheque to the builder in early January. Very little work was done in the following months and what was done was done badly.
In April we visited the apt to find that the ESB meter boxes had to be relocated due to the fact that they were not in compliance with standards. The builder blamed the ESB for the hold up, but neglected to mention that his builders had not complied with building regulations when fitting the boxes. We learned this ourselves from reading the instructions inside the boxes which clearly said to fit 1.2 metres from the ground. They had been fitted 12 inches from it.
On this visit we also noticed very severe water damage to the ceilings and walls of our apartment and all 9 other ground floor apartments. We informed the builder via our solicitor that this was unacceptable and that this would have to be rectified immediately. Nothing happened. The ceilings and walls were repainted repeatedly however.
Recently we were notified by the auctioneers that there was a “very serious structural fault” with the premises and they advised us to contact our solicitors. Following a week or so of panic, we visited the auctioneers for information and were eventually supplied with a letter from the builder’s solicitor to the auctioneer. This confirmed the structural fault existed and stated that the builder would not be trying to enforce the contract and that purchasers would not be requested to "remain on" as the builder did not know "how long it will take for the defect to be remedied."
Last week however, the situation took a new twist. The builder has now contacted our solicitor to say that we must first sign a document, stating we will not take legal action against him for compensation, before he will return our 10% deposit. Our solicitor seems either unwilling or unable to assist or advise us adequately, asking us what we wish to do.
Meanwhile, the bank are seeking interest on the approx €20,000 deposit that they gave as a part of the 100% mortgage we had been granted. We do not want to pay this interest as the builder is responsible for the delays and ultimate termination of this contract. At this point we do not know how to proceed. We have no contact with any other buyers.
Does anyone have any advice for us? Should we sign and return our deposit to the bank asap asking them to scrap the interest charges? Or, should we refuse to sign and take legal action? We have lost months in this process and property prices have increased since we began the process to buy. It now looks like we cannot afford to buy at all. This builder is moving the goalposts now and I can't help but wonder if this is in response to another buyer's legal action.
If you, or anyone that you happen to know of, were buying an apartment in the Johnstown, Navan area whose situation matches this scenario, please do not hesitate to contact me by PM
Defamatory comment deleted - Brendan
In April we visited the apt to find that the ESB meter boxes had to be relocated due to the fact that they were not in compliance with standards. The builder blamed the ESB for the hold up, but neglected to mention that his builders had not complied with building regulations when fitting the boxes. We learned this ourselves from reading the instructions inside the boxes which clearly said to fit 1.2 metres from the ground. They had been fitted 12 inches from it.
On this visit we also noticed very severe water damage to the ceilings and walls of our apartment and all 9 other ground floor apartments. We informed the builder via our solicitor that this was unacceptable and that this would have to be rectified immediately. Nothing happened. The ceilings and walls were repainted repeatedly however.
Recently we were notified by the auctioneers that there was a “very serious structural fault” with the premises and they advised us to contact our solicitors. Following a week or so of panic, we visited the auctioneers for information and were eventually supplied with a letter from the builder’s solicitor to the auctioneer. This confirmed the structural fault existed and stated that the builder would not be trying to enforce the contract and that purchasers would not be requested to "remain on" as the builder did not know "how long it will take for the defect to be remedied."
Last week however, the situation took a new twist. The builder has now contacted our solicitor to say that we must first sign a document, stating we will not take legal action against him for compensation, before he will return our 10% deposit. Our solicitor seems either unwilling or unable to assist or advise us adequately, asking us what we wish to do.
Meanwhile, the bank are seeking interest on the approx €20,000 deposit that they gave as a part of the 100% mortgage we had been granted. We do not want to pay this interest as the builder is responsible for the delays and ultimate termination of this contract. At this point we do not know how to proceed. We have no contact with any other buyers.
Does anyone have any advice for us? Should we sign and return our deposit to the bank asap asking them to scrap the interest charges? Or, should we refuse to sign and take legal action? We have lost months in this process and property prices have increased since we began the process to buy. It now looks like we cannot afford to buy at all. This builder is moving the goalposts now and I can't help but wonder if this is in response to another buyer's legal action.
If you, or anyone that you happen to know of, were buying an apartment in the Johnstown, Navan area whose situation matches this scenario, please do not hesitate to contact me by PM
Defamatory comment deleted - Brendan
