Miller Homes - The Exchange

[JitM]

We reserved our plot with Millers on the 16th Sept 2006. We were told that we had 28 days to complete. So we set the wheels in motion and arranged the solictor and the 10% deposit that Millers required. We set up a meeting with our solictor on completion day and deposited the money into his account well in advance. As we signed all the paperwork that day we were then told by our solictor that they could not complete as Millers we waiting on some searches to come through. We eventually completed on the 24th October 10 days late.

I have been onto Millers about this and told them that we completed our end of the bargain in time yet they delayed so for the money to be sitting in my solictors account and me losing interest, I suggested to Millers that they turfed and slabbbed a part of the garden for free instead of the £600 option charge.

They flatly refused claiming that these delays are inevitable!! Having been offered no incentive and paying full price and £5k worth of options they could not see themselves to giving us the lawn and slabs for free. This £600 represented 0.24% of the total money we are handing over. Surely it's not going to dent Miller's bottom line.

Am I right to be aggrieved with Millers, if so how can I pursue it further. Or I am being a bit to picky about this situation.

Comments welcomed:angry: :angry:

 

[Tony]

Hi JJ,

I am not sure that I fully understand, but if the builder has served you notice to complete and sets a date then fails to complete then you will be eligible to claim liquidated damages. The builders avoid having to pay this by only serving notice when they are absolutely certain that completion will not be delayed and tend only to give buyers seven days.

I hoep this helps

Tony

 

[JitM]

Tony

The house is not completed yet but all the paperwork is completed which means we are legally bound to buy the house which we are happy to do so. Millers policy is that exchange takes place within 28 days, ie mortgage agreement, searches all done and all thats is left to do when the house is ready is for us is to ask our solictor to get the funds from the mortgage lender and transfer to Millers.
What I am trying to get across is that the strict 28 days exchange we adhered to but Millers did not.
Where do we stand?

JJ

 

[martynh99]

Can you clarify what searches Millers were waiting for.

Searches are normally initiated by your solicitor and will local authority, land registry, mining etc.

I can't think of any searches that the builder would perform at this late stage.

 

[Tony]

Hi JJ,

Right the 28-days to exchange contracts is used by the developer to close the deal and reduce the risk of your dropping out. They usually link this to special offers and discount price. It is a sales technique!

You need to check the paperwork relating to the 28 day exchange to see whether there is any penalty stipulated for the developer - I doubt they would write this in though. Another case of unfair terms I am afraid.

The search excuse does sound strange though, probably warrant further investigation i.e. what was the specific problem?

Good luck

Tony