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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10458
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I have been waiting new home to be built by Abbey Homes

Customer Question

I have been waiting for a new home to be built by Abbey Homes in Ashford, Kent, the completion has been delayed from February, March, April, May, I have now been informed that the earliest will be mid July.
The home I am buying is under the goverment "help to buy" scheme and it appears that the builders priority has moved from the smaller homes to the larger private houses.
We have exchanged contracts so I am tied into the purchase although my mortgage offer expires next month.
Our baby has just been born, thanks to friends and family we are not out on the streets.
We are currently staying in Lincoln and I am on paternity leave but will have to stay over accommadation in London when I return to work which I cannot afford.
The question is can I take any action against the company.
Graham Crabb
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 am sorry to hear of the problem you are havng.

Under the Consumer Code for Home Builders, the Developer must stipulate in the Contract the expected month in which completion is expected to take place. Under the Code, if completion has not taken place within 6 months. If completion does not then take place within the 6 months, the Buyer is legally entitled to withdraw from the Purchase and is entitled to their Deposit back.

Unfortunately, until this 6 month period has elapased, the Buyer is stuck and totally reliant on the Developer to complete the build as they said they would.

You should therefore ask your Solicitor what date was inserted in the Contract as being the estimated completion date, but I fear this was probably February, meaning you would only be entitled to withdraw if completion had not taken place by August.

Sorry I can not give you a more favourable answer, but it sets out the legal position.

Kind Regards

Al

Expert:  Aston Lawyer replied 2 years ago.

Hi,

Can I assist you any further?

Kind Regards

Al

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