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Stuart J
Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 22813
Experience:  Senior Partner at Berkson Wallace
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Assistant: How can I help? i have put down a 50percent

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hi
Assistant: Hi. How can I help?
Customer: i have put down a 50percent deposit on a building that used to be office space but was converted into flats...and the building is "finished"...the problem is that on the specification it was said that the building would have cladding on the outside...but what has be done on thw outside is basically nothing... basically the same old concrete building from the outside
Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: not taken any steps except signing the contract when i was giving the deposit...but now that the build has come to end , and exchange is within a month...the building from the outside has not be touched...no cladding,no insulation, ...basically just the same old concrete building
Assistant: Where is the flat located?
Customer: its located in "Southend on sea"
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: Chartwell Plaza

Hello,

 

Have you discussed this with the developer? If they are not prepared to put cladding on the building and the property was sold to you on the basis that there would be cladding, you may argue that this amounts to misrepresentation which gives you the right to set aside the transaction and get a full refund of whatever you have paid so far.

 

If they refuse to recognise this right of yours and give you a full refund, you may go to court.

 

May I help further?

Hello,

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola

Nicola has asked me to look at this for you.

You have 2 remedies.

Get your deposit back and walk away

Or

proceed with the purchase but claim compensation for misrepresentation/breach of contract.

It really is as simple as that.

It’s entirely up to you although I imagine they would not be rolling over easily to give you the 50% deposit back unless it’s with your solicitor in which case you have an element of control and if you decide you are going to breach contract yourself because of the misrepresentation, it depends whether they are going to pursue you for that or not.

What you have to consider is what difference this makes to the value of the property because if it is lower value then you have a claim for that.

As it is the moment, cladding on the outside of buildings is undesirable for obvious reasons quoted in the press and therefore, there may actually not be any reduction in value. You are going to need a valuer to give to values, with the cladding and without.

Usually, the cladding is purely cosmetic although in some cases it does have an insulating factor. That may have value.

If I have answered your question for you, at the top of the page, you should see a rating facility. Can you please rate my reply 3 stars or more because that really helps me? Please note you are not rating whether it’s favourable, because sometimes you may not get the answer you want, but basically my knowledge and way of dealing.

The thread does not close and I am happy to answer any questions you may have arising from this.

Kind regards

Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 22813
Experience: Senior Partner at Berkson Wallace
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