How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I reserved a property in a new-build in October 2015 and

Resolved Question:

I reserved a property in a new-build in October 2015 and although contracts had not yet been exchanged, I had an oral contract with the developers (evidence in emails), that if I paid for the installation of a kitchen unit this would be partly refunded on completion. The developer also used paint that I provided at significant cost, to paint the property and installed bathroom tiles which I also paid for myself.
The developer is now threatening to cancel the reservation, because according to them the process is taking too long (this is because their solicitors have been unable to provide contracts to my solicitors) despite many requests.
My question is this, can I claim for expenses like the kitchen unit I purchased in readiness for installation and for the paint and bathroom tiles and other expenses, since even though there was no exchange of contracts on the property itself, there was an oral contract with regards ***** ***** installation of the kitchen units, the paint and the tiling.
Since I am not arguing about the property itself, but about items purchased specifically for this property, is there a case that this is not necessarily covered by property law?
Thank you
Kind regards
Kumo
Submitted: 8 months ago.
Category: Law
Expert:  Ash replied 8 months ago.

Hello Kumo my name is ***** ***** I will help you.

How much were the purchases please?

Customer: replied 8 months ago.
No, thank you. I would prefer my answer in writing. The purchases were as follows:Kitchen unit: £18,000
Paint: £1200
Tiles: £2000
Wooden Flooring: £7000
Furniture: £15,000
Expert:  Ash replied 8 months ago.

Have you used any of this?

Customer: replied 8 months ago.
The paint was used by the contractors working for the developers to paint the alls of the property, the wall tiles were also installed by the Developer's contractors.The kitchen unit is ready to be delivered for installation and so is the wooden flooring, and bathroom tiling.
Expert:  Ash replied 8 months ago.

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

I think the only difficulty will be you had not exhanged. Either party in law at any time can pull out before this is done.

Can I clarify anything for you about this today please?

Alex

Customer: replied 8 months ago.
Thank you, ***** ***** knew all this already having discussed it at length with my Solicitor performing the conveyancing. My question was simply this, if I take this to a firm of Civil Litigators, do I have a good case i.e. greater than 50% of a judgement in my favour, or not? If yes, what are the best arguments I can use?
Thank you
Customer: replied 8 months ago.
Also, I should clarify that I am not seeking to enforce the sale here, just to get compensation for my expenses which were entered into based on the additional agreement entered into between me and the Developer, for which I have evidence in writing.
Expert:  Ash replied 8 months ago.

i dont think you do, contracts were not exchanged. Therefore no matter how you look at it there is no binding contract for the property.

Does that clarify? Alex

Customer: replied 8 months ago.
No it still doesn't clarify the situation to my mind. Again you are referring to the purchase of the property, but ignoring the fact that at issue here was the completion of a building. The Developer themselves installed my tiles and used my paint. How can they get away legally by using materials I provided which someone else will now get the benefit of? By that argument, they could refuse to pay for the bricks used or the glass installed because their suppliers did not have a contract with them to buy the property?
Expert:  Ash replied 8 months ago.

You have asked do I think you have 50% chance of winning. My view is no. You did not exchange, this means you or the builder can pull out, even if the building was complete.

You did not and do not have title. But I have outlined what you need to do to claim.

Alex

Customer: replied 8 months ago.
Can I not argue that there was also an oral contract here? Which is being breached as someone else will now get the benefit of expense. In effect the developer can now sell the property for more money to someone else based on the fact that he refused to exchange contracts. Surely, by his contractors actually using my paint and wall tiles, he is in some way liable is he not? Your advice would seem to be at odds with advice I have just received from a firm of Civil Litigators.
Expert:  Ash replied 8 months ago.

You can. But you can't get over the non exchange. In law that is a problem, by using the materials does not infer exchange.

Different solicitors have different views otherwise legal disputes would never go to court. Alex

Customer: replied 8 months ago.
Thank you, ***** *****
Expert:  Ash replied 8 months ago.

If I could invite you to rate my time spent with you before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions