New Home Contracts and Covenants

squares1961

New Member
How carefully did you read your contract and deed transfer document? If you relied on your solicitor you could be in for a big shock!!!! I have purchased 4 brand new properties the last being 4 or so years ago and have just pulled out of one now because of the contract and covenants of Elan homes Heol y Grug (Harris Court) Quakers Yard.

These are some of the unfair terms (but their code says they have a fair contract, don't believe a word of it its all bull for the OFT):-
1 Boundries Don't think that because you've been shown your boundries on a plan or on site or the fact that the house is built and fence/walls erected that these are your boundries! NO because Elan Homes at ANY TIME can give you 3 months notice and move them, even anything built on them can also be moved (may be your house). Now that really fair!!!! It's in the contract.

2 You must pay Elan Homes for permission for:- £50 for a Sat dish, £50 for a TV Aerial, £50 for a shed, £200 for a conservatory and then they may not give you permission with no appeals process and the council can't help, as the covenants must be met before they can give you permission.

There are more but that gives you an idea of what they demand, and of course Elan home Solicitors are totally inflexible.

But of course you don't get told any of this until you PAY YOUR RESERVATION FEE, SOLICITORS COSTS ETC.

ALL THIS INFORMATION SHOULD BE UP FRONT IN THE SALES OFFICE, SO YOU CAN READ IT AND TAKE LEGAL ADVISE IF NECESSARY, BEFORE THEY HAVE YOUR MONEY!!!!!

Has anyone else come across these unfair contracts, please post
 
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NewHomeExpert

Well-Known Member
Covenants like these are usually in a perpertutory period.
That is they are time limited, usually until after the developer or house builder has sold all the homes on the development.

Some are reasonable some not so.
However, it is unusual to charge varying fees above say a samll administration fee of £50 which seems reasonable.
No builder is going to get rich with the fees you mention.

Your solicitor should have mentioned these and is at fault.
I take it you didnt make the mistake of using the house builder's solicitor did you?
 
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