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JimLawyer
JimLawyer, Solicitor
Category: Property Law
Satisfied Customers: 4997
Experience:  Senior Associate Solicitor
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Can I take legal action against my building developer for

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Can I take legal action against my building developer for not highlighting the fact that my new build has raft foundations and not a normal strip foundation, The sales team knew I was planning to build a conservatory and never mentioned anything now knowing it may need raft foundations I may not be able to afford the extra expense of a structural engineer and raft foundation.
JA: Where are you? It matters because laws vary by location.
Customer: Sandbach, Cheshire
JA: What steps have you taken so far?
Customer: None really.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not at this moment.

Hello, my name is ***** ***** I am a qualified lawyer happy to help you today.

Do you have an idea of cost for the new foundations if you were to pursue the developers?.

Customer: replied 9 days ago.
Hi Jim, I don't at the moment, I've just started to contact builders for quotations. Obviously I need the work doing correctly for when I come to sell the property. I will have to contact a structural engineer and propose my plans to them. All this will be at an extra cost. The building developer have also agreed to move the drains. With it having a raft foundation the drains are running outside and along the house. This was never mentioned on purchasing the house.

Thank you, ***** ***** a case against them in misrepresentation (in contract law).

You would need a supportive report from the structural engineer and the amount you would claim would be based upon the estimate which you need to obtain.

You could involve the Property Ombudsman and that may resolve the issue although at the same time it may take weeks for a decision to be made. You could make a formal complaint and then go through the developer's independent dispute resolution scheme.

A better and more effective option would be to obtain the report and the estimate, then send the developers a letter before action to outline the allegation of negligence and to demand they reimburse you for your loss. I have attached a template letter for you to use. You can use the money claim site (assuming they refuse to reimburse you) for a claim up to £100,000. The site is here: http://www.moneyclaim.gov.uk

You may find they will want to avoid litigation - I am not sure if your neighbours are also considering a similar approach to the developers?. If so it may be worth a group action with a law firm on a no win no fee basis - I can recommend this one if you would prefer to use a law firm : http://www.slatergordon.co,uk

I hope this answers your question – if so could you please click 5 stars at the top of your screen, that will give me a rating on the site and I can answer any follow up questions at no extra charge.

Many thanks,

Jim

JimLawyer and other Property Law Specialists are ready to help you
Customer: replied 9 days ago.
Thank you Jim, much appreciated.