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 UKSolicitorJA Your Own Question
UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 5517
Experience:  English solicitor with over 12 years experience
62162956
Type Your Law Question Here...
UKSolicitorJA is online now

I exchanged on a new build flat conversion almost exactly a

This answer was rated:

Good morning, I exchanged on a new build flat conversion almost exactly a year ago with completion date of 31st January. The contract also had a 4 calendar month clause in case of delay in completion. My solicitor received the 14 day notice to complete on the 31st May (exactly 4 calendar months after the original date). My view is that completion is 14 days over the 4 calendar months and I wish to withdraw and receive my full deposit back, in legal terms do I have a case?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I am not satisfied with my conveyancer but I have explained my reasons for withdrawing. They are corresponded with the contractor's solicitor who say that they have complied with contract and if I withdraw I would be breaking the contract.
JA: Where is the flat located?
Customer: Aylesbury
JA: Anything else you want the lawyer to know before I connect you?
Customer: The main reason I want to withdraw is that the contractor changed the layout of the property, swapping a bedroom and cupboard around making the bedroom an odd shape and they moved the front door and front window to accommodate this. They did not consult me on that.

Hello,

You may try and get out of the purchase by making a claim of misrepresentation as you thought you were entering to a purchase of a particular layout and you were instead given a layout which you had not agreed to.

Please see here for background reading in misrepresentation: https://www.lawteacher.net/modules/contract-law/vitiating-factors/misrepresentation/lecture.php

All the best. Please leave a positive rating if this is helpful.

UKSolicitorJA and other Law Specialists are ready to help you