Developer issue

[darkart]

A friend of mine is buying a new build property from a developer on a small plot of 10 houses.

From start to finish problems were been found that contradicted what was being advertised within the sale documents. The majority of the problems were resolved and building control signed off the house as complete. However; the front porch on the house is still not installed along with other minor internal jobs such as sealing the bath etc.

The other main issue is the BS7671 electrical certification found to be completed wrong and was forwarded back to the developer asking him to contact his contractor to rectify and supply the correct BS7671.

It seems the developer had a hissy fit and is now threatening to pull out of the sale resulting in my friend losing several thousands of pounds in legal fees etc.

Basically the developer is using blackmail to force through the sale rather than rectify electrical documentation. We can also assume the rest of the electrical documentation for the other builds are also wrong and part of the reason he is using such behaviour.

What are the options for my friend and can the developer blatantly disregard dodgy issued electrical documents?

 

[^woody^]

Is it covered by NHBC or the like?

 

[bernardgreen]

Your friend should stand up to the developer via his solicitor. A joint action with the other new owners will be stronger than several individuals complaining.

Unless there is a waiting list of potential replacement buyers the developer will not want to risk loosing a sale.

When my mother bought a house on a small development there were many snagging items which the developer tried to get out of fixing. The owners got together and submitted a written complaint to the developer via a solicitor. As I recall this also included a claim for compensation for inconvenience and costs. ( that was twenty years ago )

The item I recall most was the chip board flooring that had not been laid properly. A few months after moving in the squeeking was un-acceptable. This meant the carpet had to be taken up to re-lay the chip board. The developer accepted this was neccessary and offered to lift the carpets. fix board and re-lay carpet. Mum said NO, "her" carpet fitter will do all the carpet work and the developer will pay for it. She reminded the developer of the previous "conversations" and the developer paid up without argument.

 

[Leofric]

If the housebuilder is NHBC registered you can get NHBC to complete the snagging if the builder is being awkward , but NHBC would normally persuade the builder to complete the work to NHBC Standards, if they wanted to continue being NHBC registered.
Unfortunately buildings can still comply with building regulations even when the workmanship is crap.
As a matter of interest how did you know the electrical documentation was not completed correctly ?

 

[darkart]

Hi all, sorry for not responding sooner but been away, the electrical cert was checked by a qualified electrician and deemed not fit for purpose due to blatant basic errors.

The issuing electrical cert company excepted the cert was wrong and a new one is alleged to have been issued to the builder. The builder is now saying he will not supply any documentation until the property is signed over and money exchanged. He has given 2 days notice and says if money is not paid within this time and all documentation signed, he will pull the plug on the deal and re-sell the house.

A tiled porch roof is still not fitted above the front door after promises it would be installed over 2 weeks ago, but a Building Completion cert was issued by governing bodies?

It does seem this builder is taking advantage of a vulnerable person and using bully boy tactics to get them to sign and take on the house when not complete.

Concerns are, if the original electrical cert was proven to be wrong then how can the re-issued electrical cert be re-checked to ensure all internal electrics are safe within the property if the builder is refusing to supply a copy for re-inspection?

All this was mentioned to the builder who now says if the buying process is not completed within 2 days he will re-list the house; meaning my friend will lose 3 thousand pounds in accumulated expenses to date.

As suggested, maybe contacting NHBC is the right way forward, if they are registered; it does seem the builder is using blackmail bully boy tactics to get my friend sign and pay for the house.

 

[ironsidebod]

I would suggest they get their solicitor involved to attempt to recoup their losses and run away from the property as fast as they can.

 

[phatboy]

£3000 loss is far better than having to pay for a porch roof that will never be built by the original builder, re-inspection of the electrics.... If these are issues there are probably loads more. And if the builder is being a dick now, imagine trying to get anything done once he has his money!!!

 

[Nige F]

Not being sold leasehold is it ?