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Alex J.
Alex J., Solicitor
Category: Property Law
Satisfied Customers: 3652
Experience:  Two years conveyancing experience.
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Hello I exchanged contracts on a one bed property to be built

Customer Question

Hello I exchanged contracts on a one bed property to be built in Vulcan Mills Manchester in 2006 by a developer Artisan. We purchased the property thru an agent buyproperty4less.co.uk and to this date the property or development has not been completed and we are getting no response from the agent or developer. WE have a legal file in storage and to date we have paid £10,000 to both the agent and the developer is Artisan 0161(###) ###-####can you advise our next steps
Submitted: 2 years ago.
Category: Property Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Was there a completion date for contained in the contract when you exchanged?
Kind regards
AJ
Customer: replied 2 years ago.

Yes 2007 we have followed this up many times sand they keep avoiding the issue we do know that they are still in business

Expert:  Alex J. replied 2 years ago.
Hi
Thank you.
Was the deposit held by their solicitor or was it released to them?
Are you saying completion has been delayed for 7 years?
Kind regards
AJ
Customer: replied 2 years ago.
I think it went to there solicitor and yes 7 years
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Is the solicitor still holding the deposit?
Also does the contract say anything about the completion date just being an estimate?
Unless the contract states a date or says time is of the essence, then the completion date is assumed to be within a reasonable period. 7 years is probably not reasonable and therefore you may have grounds to sue the developer for breach of contract.
If you can let me know what the contract says we can discuss this further?
Kind regards
AJ
Customer: replied 2 years ago.

I have not got the contract it is in storage with a legal firm awaiting a new solicitor to be appointed I purchased thru an agent called buyproperty4less.com and the developer is Artisan I really need to know if I have a case or not etc

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Assuming the contract does not make any mention of timing (this is an assumption and I have no way of verifying it) - then you might have a claim on the basis that they are in breach of contract for failing to deliver completion within a reasonable period of time.
Even if you wanted to bring this claim you have to get a copy of the contract as evidence that there was a contract in place and that there was a breach.
To start the claim you would need to issue a claim form at your local county court - using claim form N1.
I look forward to hearing from you.
Kind regards
AJ
Customer: replied 2 years ago.

I reside in Ireland is there a website I can go to process such a claim

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