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Property bought offplan for 09 completion - will I be forced to complete?

Last post Thu, Oct 01 2009, 9:56 AM by tash50. 226 replies.
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  •  Sun, Jun 14 2009, 2:02 PM

    Re : Property bought offplan for 09 completion - will I be forced to complete?

    If you are struggling to complete the purchase of a property from Berkeley Homes due to low mortgage valuations you have probably found that Berkeley Homes completely ignore your concerns and are threatening to keep your deposit and sue you for the rest. You're not alone. There's a support group of people experiencing the same problem. Just Google berkeley homes collective.
    • Post Points: 20
  •  Mon, Jun 15 2009, 11:54 AM

    Re: Re : Property bought offplan for 09 completion - will I be forced to complete?

    Hi

    What is your local MP doing about this? Has this been raised in parliament as an adjournment debate or a petition. Mp's at the moment will seek to do anything that looks positive in view of the expense scandal and pending election. This is the best time to make your attack.

    This issue will be affecting many companies, not just Berkeley. My aunts flat although not new, was worth approx £230,000 summer 2007. Following her passing the valuation received was £150,000 The flat is in a lovely area down in Dorset but all flats in the area have reduced by this amount.

    I just think that the price Berkeley set when the properties were placed on the market, did not reflect the market conditions. How can they force the sale ? Consult a solicitor, OFT.I don't see how their terms can be enforced in court. You could lose your deposit, which may be seen as reasonable.

    From what I have read, it would appear that Berkeley and other builders are having difficulty in tough financial trading conditions. I see that some of the properties have been made available for social housing which is good for those needing housing. This must not have been the builders first choice to make the most money. Is Berkeley acting as a landlord or did they sell them to local authority/private landlord? It may be worth finding out details of this as it might help in some way when making a case.

    • Post Points: 20
  •  Fri, Jun 19 2009, 12:24 AM

    Re: Re : Property bought offplan for 09 completion - will I be forced to complete?

    Firstly, good luck to you all.

    Is there anyone out there who contracted to buy in the Flint Glass development, Manchester?

    I contracted to buy in June 2006 with a supposed 20% discount. Regeneration in the Ancoats district has all but stalled. After 30 months, I rescinded the contract due to non-performance by the developer, (Northern Group), but solicitors responded stating "matters beyond reasonable control".

    There has been an absolute dearth of information from the agent and developer, but now I am being pressed to final completion early in August.

    Inspired by the initiative here, I am thinking about setting up a Yahoo group for Manchester developments

    • Post Points: 35
  •  Mon, Jun 29 2009, 10:50 PM

    Re: Re : Property bought offplan for 09 completion - will I be forced to complete?

    I purchased in Cardiff in 2006 and failed to complete in March 2009. I paid a 10% deposit of £13,950. Their solicitors have sent me documents saying they are going to sue me for £15,500 because they have sold the apartment on the open market and this is the difference. Four week ago I was contacted by an insurance investigator. The company had taken out an insurance policy for an ecomonic downturn which I had never heard of before.

    The Insurance company investigated because there were so many that never completed. I asked why the sales company was suing me when they had insurance he said they were trying to sue and claim insurance at the same time.

    I was purchasing my apartment for 135,950. I found out that the sales company purchased from the developer for £104,000 and sold to us for £135,950. They then sold back on the open market for £104,000 Still leaving them with a profit of £13,950 plus the Insurance claim.

    Has any one heard of anything like this. I have had sleepless nights over this and feel like I should write to a newspaper to shame this company. Fair enough I should have completed the purchase if I could get a mortgage. I couldn't make the impossible possible.

    • Post Points: 20
  •  Mon, Jun 29 2009, 11:13 PM

    Re: Re : Property bought offplan for 09 completion - will I be forced to complete?

    Fitch

    Have you spoken to your solicitor about this? If not I would advise you to go to Citizens Advice asap for some advice. Is legal aid available to defend yourself against the sales company?

    http://www.citizensadvice.org.uk/

    Citizens advice have solicitors from your area, who provide their time free of charge. Take advantage.

    Huckster

    • Post Points: 20
  •  Tue, Jun 30 2009, 9:14 PM

    Re: Re : Property bought offplan for 09 completion - will I be forced to complete?

    Hi

    Has anyone bought from Park Properties/Urbis re Robinson Building in Bristol? We understand that some people have withdrawn but, obviously, the agents aren't going to tell us any more than that.

    • Post Points: 5
  •  Sun, Jul 12 2009, 11:20 AM

    Re: Property bought offplan for 09 completion - will I be forced to complete?

    I have now completed on this poxy flat now. Am just trying to rent it. I did manage to negotiate my carpet and floor finishes back in at completion and a 3k reduction in price beacause my flat which was supposed to have river views now has a 2 storey wall in front of it which the developers have chosen not to mention to anyone (apparently next door development got planning to go higher but waterside did nothing about it) .

    My advice to you is to sit it out if you have the balls. I couldnt be assed in the end and found the money one way or another. I shall wait a couple of years sell and get as much back as i can.

    The developer will be insurred for non completion and they need you to complete they cant cant sell the flats for a decent amount.

    The developers loan is not coming - the developers solicitor is now backtracking saying it was never an official offer (there has never been anything in writing although there are enough people who know about it involved). However the developers have made a rod for their own back. They did offer a developers loan which they cant deliver on and this is one reason why people have held on and lost morgage offers.

    I would at least make a formal offer in writing sent by recorded delivery to the developers solicitors for the amount you can afford to purchase the flat for explaining you cannot get funding for anymore and also asking specifically when the developers loan is going to be released.

    This will force the solicitors to answer on these two points in writing. You will then have something official in writing if it goes to court at least.



    let me know how you do

    regards
    • Post Points: 20
  •  Thu, Jul 16 2009, 5:38 AM

    Re: Property bought offplan for 09 completion - will I be forced to complete?

    Hi

    I have purchase an aprtment in Leeds it is the development Lumiere by Kw linfoot. I am trying to find a way to get my deposit back because I believe this development will not be built, and if it does it will be a long time.

    I have spoken to solicitor and he told me that I could have a case. He claims that if I knew that this project could be put on hold indefinately I would not have entered into a this contractm, it was not explained to me.

    Has anyone form the Manyoo project in Manchester heard anymore on what the futher hold for them as I see John Hitchcox has taken over

    John Hitchcox pays nominal £1 for Manor Mills and Manyoo, with help from Bank of Ireland

    Yoo, the residential design and development business run by entrepreneur John Hitchcox, has taken control of the landmark projects it had worked on as joint ventures with KW Linfoot, the Leeds-based developer that went into administration earlier this year.

    Hitchcox told Property Week that Yoo has completed the acquisition of the Linfoot stakes in the Manor Mills and Manyoo developments in Leeds and Manchester respectively.

    Yoo Capital, the group’s property investment arm, has paid a nominal £1 for the stakes but has agreed a three-year, £28.5m facility with Bank of Ireland to proceed with the projects. Under the terms of the bank arrangement, Yoo is also investing £3.5m of its own money.

    Completion of the transaction finally removes the uncertainty surrounding Manor Mills, although Linfoot indicated at the time it went into administration in February that it had ‘transferred’ its financial interest to Yoo.

    As lead developer, Linfoot had sold all 277 flats in Manor Mills off plan but the failure of many buyers to secure mortgage finance and complete their purchases speeded the collapse of the company.

    Construction has just been completed at Manor Mills and Hitchcox said that 100 sales have completed. However, with some purchasers still struggling to get finance, Yoo has arranged for Bank of Ireland to offer 75% mortgages. This would mean buyers need to find another 15% of the purchase price on top of their 10% deposits.

    ‘We’re asking them to complete but we’re expecting a number of them not to and if they don’t, then what we’ve agreed [with Bank of Ireland] is a long-term rental facility, which strategically is exactly what we want to do because the demand for rental in Leeds is very good,’ Hitchcox said.

    The outlook at Manyoo remains unclear because the site is divided into two and Yoo’s deal with Bank of Ireland covers half the site. Linfoot had exchanged but not completed on the acquisition of the other half, which is owned by Peel Holdings. Each half has planning permission for 512 homes.

    Hitchcox claimed Manyoo is the ‘highest potential location in the country’ because of its proximity to the Media City development in Salford, where the BBC is due to relocate in 2011.

    ‘Our expectation is that we will start work on the site in the next three years. But it’s fair to say that today we’re reviewing the position in Manchester and what is the best way forward, and we’re attempting to bring Peel into these negotiations. Until development funding comes back into the market, I can’t imagine we’ll be starting the project that soon,’ he said.

    The refinancing also marks the end of any involvement of Kevin Linfoot, the founder of KW Linfoot.

    Following administration Linfoot told Property Week that he would still have a role in the management of Manor Mills. But Hitchcox said: ‘There is no current involvement although the relationship with Kevin still exists – the door is always open to any proposal.’

    • Post Points: 5
  •  Wed, Jul 29 2009, 8:47 PM

    Re: Re : Property bought offplan for 09 completion - will I be forced to complete?

    hi there, i too am in the flint glass development quandry. my solicitor will not return my calls, i don't want to contact the developer, but i'm not sure what to do full stop. please could you advise me on your situation, perhaps give me any info on the develpoment? i've not even told the wife yet the state of everything. please get in touch, regards
    • Post Points: 20
  •  Tue, Aug 11 2009, 8:02 PM

    Re: Re : Property bought offplan for 09 completion - will I be forced to complete?

    Dear all

    Investors who exchanged contracts on off-plan properties which are now scheduled for completion are having exactly the same problems up and down the country. One major developer in London has 17 developments completing this year and has sold every apartment to investors. New build BTL mortgages are almost impossible to secure at present and it is likely that the developer will go into Administration or Liquidation; they just don't know it yet!

    I have had some success in renegotiating contract prices in line with current valuations on various developments; I am a Barrister by profession. Further, I have also included the developer's funders in the negotiations and have been able to achieve mortgages from them by submitting that they spread the bank's lending risk as between individuals as opposed to the developer...so it can be done.

    What is needed is a group effort by purchasers on a particular development. If proposals can be properly evidenced and submitted on behalf of say 40 individuals, the developers will generally consider the benefit of genuine multiple completions.

    If any of you on the Flint Glass or any other development are able to co-ordinate a group, then such an effort may be worthwhile.

    Regards

    • Post Points: 50
  •  Tue, Aug 11 2009, 9:38 PM

    Re: Re : Property bought offplan for 09 completion - will I be forced to complete?

    Claradam,

    Thank you for your valuable input here. It is very timely as I have taken the very first steps today by forming a Yahoo Group;

    In case the powers that be decide to delete the post above aswell, please search yahoo finance groups for "flintglass/flint glass". We'll talk over there.

    I realise that those involved in litigation have to be referred by Solicitors, but I am sure that could be expedited. So, please do stay in touch.

    • Post Points: 5
  •  Tue, Aug 11 2009, 10:52 PM

    Re: Re : Property bought offplan for 09 completion - will I be forced to complete?

    As expected my post was deleted, but thanks "Claradam" for joining the group.
    • Post Points: 20
  •  Wed, Aug 12 2009, 8:42 PM

    Re: Re : Property bought offplan for 09 completion - will I be forced to complete?

    I still haven't heard of one single case where anyone has lost anything more than their deposit.... please say if you do know anyone or if yourself have had such a terrible experience that we should all know about? i have searched and searched the net trying to find any cases but i can't find any?!! Plenty of threats etc . ..but surely this forum has been going on long enough ( oct 08)... if there were cases we would all know about them by now?
    • Post Points: 20
  •  Wed, Aug 12 2009, 9:33 PM

    Re: Re : Property bought offplan for 09 completion - will I be forced to complete?

    good shout franco! is there anybody who has personal experience of non completion? was it just the deposit lost, or did it go all the way as i was told only today to 'your own personal bankrupcy'? best regards G.
    • Post Points: 20
  •  Wed, Aug 12 2009, 10:09 PM

    Re: Re : Property bought offplan for 09 completion - will I be forced to complete?

    Hi, Yes I am currently being sued for the amount the developer had to sell the property for due to me being unable to complete, The amount I am being sued for is 13,000, plus I lost my deposit of 1,500..........not nice.
    • Post Points: 20
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