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Solicitor4All, Solicitor
Category: Property Law
Satisfied Customers: 7838
Experience:  Director and Principal Solicitor. UK
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I have exchanged contracts on a new build house but have

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Hello. I have exchanged contracts on a new build house but have since discovered the develioee
JA: Where are you? It matters because laws vary by location.
Customer: uk
JA: What steps have you taken so far?
Customer: the developer is using kingspan insulation
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Customer: replied 14 days ago.
The developer has built walls with Structured Insulated Panels SIPs using Kinspan insulation
Customer: replied 13 days ago.
My concern is a kingspan product was named in the Grenfell investigation

A very good evening to you there, how do you do?

 My name is Solicitor4All a law expert with over 15years practice. I will be helping you this evening. Thank you for the inquiry.

First of all, I am sorry to hear about the issues brought up by this. It must be a frustrating situation to be going through Please leave the inquiry with me and i will prepare a response for you here this evening Thank you.

Customer: replied 13 days ago.
Thank you. Do you know what time you can reply by ?

Please bear with me as I will be online and off-line therefore,may be delayed getting back to you. But rest assured you will receive your response this evening.

Thank you very much for your patience. I am sorry about this. It is not banned but they will need to have complied with strict building regulations to use it. The problem with property is that there is the principle of “buyer be ware” and therefore any questions regarding material to be used would need to have been asked before exchange of contracts. It is worth directly posing the question to them to understand what safeguards have been employed and that will inform your decision.

Any follow up please do not hesitate to send your message, I am always glad to assist. All the best

Customer: replied 13 days ago.
Thank you. I will indeed check what safeguards have been used. If I am not satisfied with their response what options are available to me ? If I could add the developer has missed his original completion date so is currently technically in breach of the contract however I have not taken further action against his missed completion date as yet

Thank you for your message, without knowing their response it would be very premature for me to say what to do next. It’s best to know their position in order to advise you further

Customer: replied 13 days ago.
noted. I will check. If I pull out now what is my financial exposure ?

You have a contract so you are bound by it unless you show they have breached the contract. If date of completion is stated as a material term you could rely on that. But developers as I know them are notorious for including a clause that time is not of the essence and no commitment to actual completion date.

Customer: replied 13 days ago.
In this case the developer committed to a date in the contract exchange

And if nowhere in that contract there is a disclaimer then rely on that to say they have breached the contact and explain why time is of the essence and seek to terminate the contract.

Customer: replied 13 days ago.
Do I still need to serve the 10 days notification period to complete to ensure my deposit is returned ?

Hi, you must check what is in your contract terms on refund as this can alter the default

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