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Go Back   Snagging.org Forum > General > New Build Buying Advice

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Old 15th July 2008, 20:17
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Default rights to sell a new buil before its built.

Hi, Does anyone know if homebuyers have the right to sell a new build home that you have paid deposits and signed missives for before the completion of the house.
We are having problems with our builder New City Vision who have changed that many thing about our house that we have fell out of love with it and aren’t sure if we still want to go ahead with it. The company keep telling us that if we want we can pull out. We bought off plan and our house has currently gone up by £20,000. We are sure the builders would be happy to take our property back and re sell and make the profit themselves. Our plot is a very good plot and we don't think the builder or us would have any problems selling the property on.

We have see advertisements of drawing plans for homes that people have advertised privately before the house has been built.

Any information would be much appreciated.
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Old 15th July 2008, 21:11
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It depends whether the contract is non-assignable or not. Many investors made a small fortune doing this while property prices were booming. Have a look at:

Investors ignore risks over 'flipping' - selling off-plan homes - Times Online

If they have changed "that many things" surely they are in breach of contract anyway!!

Good luck

Tony
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Old 15th July 2008, 21:32
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Hi Tony,

Thanks for the reply, we will have a look at that site.

The problem is that with new builds the missives state that the builders can change just about anything they want and we have to go along with this, at least that is what the solicitors inform you.

Cheers

Leonard & Nicola
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Old 15th July 2008, 21:50
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The builder cannot remove his rights with a contract - it could easily be deemed an unfair contract: e.g.

http://www.oft.gov.uk/advice_and_res...raders/1779/1/

Additionally, the contract/missives cannot remove the builders legal obligations.

Tony
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