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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10122
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Hi, me and my partner are dealing with a very frustrating

Resolved Question:

me and my partner are dealing with a very frustrating situation - in a process of buying a house through Taylor Wimpey. Considering the weather was very good this summer and there were not known complications to the built itself - they have moved our completion date 6 times - from the end of July this year to - at the moment - beginning of October.
We've always found this out just because we were visiting the building site - they have never contacted us directly about the dates being moved.
It is costing us money, as we have to pay rent now, when we should be paying towards our mortgage.
Also we got to the situation when we will have to re-apply for the mortgage (once again this will costs us money) as they are going to miss our dates with the bank for the mortgage. Is there any chance of legally fighting back? I cannot understand how some company can legally wriggle you back and forth all the time, not talking about the emotional stress we are going through.
Obviously we are also worried the offer from the bank we will get will not be as good as it was 6 months ago as the economic situation has changed recently, not speaking about the fact that I myself am self employed and have been for less than 3 years, so the banks don't really like me despite a very good income....We are worried about not getting the mortgage for the same amount as we did before and therefore loosing the house completely...
We have officially complained to Taylor Wimpey and they have contacted us by a phone - with no real answers and nothing seems to be moving any faster or to our favour.
How can we fight back?
Kind regards,
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

I totally sympathise with your situation, but legally, I'm afraid there is nothing you can do just yet to push them for a completion date or indeed request any compensation from them.

Under new Build Contracts, all Developers need to stipulate an "Estimated Build date", which I am guessing would have been sometime in July. Under the terms of the Contract, both parties are legally bound to complete as and when the property is ready, with th eadditional proviso that a Buyer can pull out and terminate the Contract if the new Build is not ready six months after the Estimated Build date (ie probably Jan 2015 sometime.

Until this 6 month period has elapsed, the Builder can legally take as little or long time to build th eproperty, safe in the knowledge that there is absolutely nothing the Buyer can do about this.

I would expect more from Taylor WImpey, but I'm afraid your hoands are tied until the 6 month period has expired. If i were you, I would still write to them formally, expressing your frustration, and highlighting the possible financial implications to you of the delay. They may offer you some compensation as a gesture of goodwill, but please don't bank on it.

I am sorry this is not the answer you were looking for, but it sets out the legal position.

Kind Regards


Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10122
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
Aston Lawyer and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Al,

thank you for your answer.

I understand there is very little we can do and we will be losing money on this...I wish we knew this before - don't believe we would go for a new build. Not only because of the dates, but not ability what-so-ever to do any proposed small alterations to the finished product (kitchen, flooring etc.).

May I ask you if we actually get this house and we will be changing floors, kitchen tops etc. - do we face VAT on these as we were told by kitchen people that within 6 months on a new build VAT should not apply?

Back to the house itself - we believe Taylor Wimpey is giving their clients unrealistic dates just to sell the properties. Clitheroe - where we live- is a small town and most of the people who are moving to this site - we know, or we know people who know the others...

We are not the only once struggling with the same problem (dates being moved and nothing being on time) and there is a lot of people we know about who had to re-apply for the mortgage.

We did not see any extra effort being put into the houses which were sold to speed up their completion and it has been frustrating to see other houses being build around us which were not sold at all.

So the additional question I believe is - how they can give their clients unrealistic dates knowing they will not be able to finish on time. We now understand why the next door company is selling houses only once the roof is above the house - to stick with the promise dates...

Kind regards,


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