Local Developer going back on agreed works & more

[Local House Developer]

I brought a house from a small local developer. We the last house to be built and we are having to fight for the works that was agreed to be completed. Unfortunately these weren't written down.

We have been in 8weeks now still awaiting correct front door external power which we paid the developer extra for and finally the fence between us and next door we have 6ft post separating the pathways but nothing else. The developer has said there was nothing meant to be between the houses and that he would only be willing to pay for post and rail (bearing in mind both us and our neighbors have dogs) which we have pointed out several times.

We are a small estate with 5 houses and all of us have outstanding issues and some have been in the houses now 2years with no corrected of the snags.

I'm a mindful he is running out / out of money can i still take him to small claims?

 

[New Build Inspector]

whilst taking the builder to small claims court is relatively cheap , you do need to consider his costs if you lose.

where theres no proof as to an agreement ...things come down to whats been said or not said

the judge is going to have to make a decision based on the balance of probability

if he really has no money ...whats the point in taking him to court ...unless you suspect he does , or has other assets which may be sold seized to pay any judgements

 

[Story homes hater]

First - was the promise of work stated with anyone else there, a witness?
Second - do you have insurance for the house, check it for Legal Cover, if this has (as most do) use them to start a claim.
Third - the legal rout should start with a registered letter to the builder, then a report to their Association along with the Ombudsman (this takes time) then the Small Claims Court - you have then proved you have exhausted all avenues to prove to the court, you have done all in your power to give the builder a chance to put things right, which the court will look upon favourably.

Naill (DTI Business Advisor (retired)