How does one deal with an unscrupulous property developer?
Thread Starter
Pilots' Pal
Joined: Nov 1998
Posts: 1,158
Likes: 0
From: USA
How does one deal with an unscrupulous property developer?
Perhaps a legal brain could point me in the right direction concerning my continuing problems with my house.
We purchased a renovated house in Northern England in late 2002. Shortly after moving in, it became apparent that all was not well, particularly with the showers and other plumbing related issues.
Several botched "rectifications" persuaded me to carry out the work myself. While dealing with one particular problem, I found a toilet cistern had been cracked and then "repaired" with sealant.
The developer offered to pay but I said that I would check with my solicitor first, since we had already contacted her about the earlier problems.
The long and short of this is that the developer has ignored most letters from our solicitor, save for the penultimate, in which he asked for the "quantum" of our claim (I assume to settle). This letter arrived after I decided to dispense with the solicitor after spending close to £1000 with no result. I informed the developer that henceforth, I would be dealing with the issue myself. Since then, he has refused all contact.
I have told him I will contact the local newspapers and the CIB with details of my complaint; so far, no response.
Others have had trouble with this developer and one managed to get his money by registering an interest with HM Land Registry against several businesses with which the developer was involved (and was harassed by the developer because of this).
I have been driven to distraction by this issue, coupled with the fact that promises given pre-purchase, regarding the estate of which our house is part, have not come to fruition.
Space precludes my listing all our problems but any guidance would be welcomed. The house has been covered by an Architect's Certificate but the guarantee is not being honoured.
We purchased a renovated house in Northern England in late 2002. Shortly after moving in, it became apparent that all was not well, particularly with the showers and other plumbing related issues.
Several botched "rectifications" persuaded me to carry out the work myself. While dealing with one particular problem, I found a toilet cistern had been cracked and then "repaired" with sealant.
The developer offered to pay but I said that I would check with my solicitor first, since we had already contacted her about the earlier problems.
The long and short of this is that the developer has ignored most letters from our solicitor, save for the penultimate, in which he asked for the "quantum" of our claim (I assume to settle). This letter arrived after I decided to dispense with the solicitor after spending close to £1000 with no result. I informed the developer that henceforth, I would be dealing with the issue myself. Since then, he has refused all contact.
I have told him I will contact the local newspapers and the CIB with details of my complaint; so far, no response.
Others have had trouble with this developer and one managed to get his money by registering an interest with HM Land Registry against several businesses with which the developer was involved (and was harassed by the developer because of this).
I have been driven to distraction by this issue, coupled with the fact that promises given pre-purchase, regarding the estate of which our house is part, have not come to fruition.
Space precludes my listing all our problems but any guidance would be welcomed. The house has been covered by an Architect's Certificate but the guarantee is not being honoured.
Per Ardua ad Astraeus
Joined: Mar 2000
Posts: 18,575
Likes: 4
From: UK
Small Claims Courts. Check this as well. You should also contact your local Trading Standards but in my experience they are about as useful as the proverbial chocolate teapot!
I had a seriously bad builder from Lancing in Sussex (Latham and Sons) whose work on a £29,000 job was so bad it cost around £10,000 to put right. He has repaid all but £400 so far.
First action is to investigate any 'associations'/'federations' to which the cowboy belongs. Beware - Federation of Master Builders was a BIT of help but quote "is mainly there for the builder" unquote.
You will need to take on a surveyor (ok, more expense but necessary), then write (recorded delivery) to the cowboy, itemising your complaint and telling him you are proceeding with small claims action. You can get a help pack on how to progress a complaint (and write the letters).
Persevere. Tell EVERYONE in your area how bad the builder/developer is, and make sure he knows you are. Consider local papers/TV etc. Get nasty.
Good luck!
I had a seriously bad builder from Lancing in Sussex (Latham and Sons) whose work on a £29,000 job was so bad it cost around £10,000 to put right. He has repaid all but £400 so far.
First action is to investigate any 'associations'/'federations' to which the cowboy belongs. Beware - Federation of Master Builders was a BIT of help but quote "is mainly there for the builder" unquote.
You will need to take on a surveyor (ok, more expense but necessary), then write (recorded delivery) to the cowboy, itemising your complaint and telling him you are proceeding with small claims action. You can get a help pack on how to progress a complaint (and write the letters).
Persevere. Tell EVERYONE in your area how bad the builder/developer is, and make sure he knows you are. Consider local papers/TV etc. Get nasty.
Good luck!
Last edited by BOAC; 19th December 2004 at 18:56.
StandupfortheUlstermen
Joined: Dec 2001
Posts: 1,182
Likes: 0
From: Peoples' Democratic Republic of Wurzelsetshire
I had a problem with a conservatory installer a few years ago and he was dragging his heels over putting right some problems that he knew about from the start of the installation. I sent him only one letter but it had at the bottom -
cc. ****** ******, Consumer Affairs Editor, Sunday Life
(our local Sunday paper in NI)
cc. Glass & Glazing Federation
cc. Conservatory Association
And to top it off, I threatened to inform his UK mainland conservatory supplier by post, phone and email and tell everyone who would listen not to buy their products through him.
After that letter, the problems were fixed within a week.
As Corporal Jones would say, "they don't like it up'em!"
cc. ****** ******, Consumer Affairs Editor, Sunday Life
(our local Sunday paper in NI)
cc. Glass & Glazing Federation
cc. Conservatory Association
And to top it off, I threatened to inform his UK mainland conservatory supplier by post, phone and email and tell everyone who would listen not to buy their products through him.
After that letter, the problems were fixed within a week.
As Corporal Jones would say, "they don't like it up'em!"
Joined: Sep 1999
Posts: 783
Likes: 0
From: The Deep South (Sussex)
About sixteen years ago I had a problem with a National House builder who wouldn't take me seriously:
I had my solicitor take out a High Court claim against him which costs very little to issue, but a hell of a lot more to defend. I backed that up with a letter to the local paper (they did an article) and set up a meeting with the NHBRC (useless) The local Building and Planning regulators (excellent) my own surveyor and the people from the builders.
One problem is that so many people connected with the building trade: Estate Agents, builders, NHBRC, surveyors and even solicitors seem to believe that because it is a building, the normal laws of contract don't apply. You have to pay exactly the price they want on the dot and they think they can screw you around as much as they like.
Wrong!
I finished up being entirely satisfied with the house-but it takes effort.
I had my solicitor take out a High Court claim against him which costs very little to issue, but a hell of a lot more to defend. I backed that up with a letter to the local paper (they did an article) and set up a meeting with the NHBRC (useless) The local Building and Planning regulators (excellent) my own surveyor and the people from the builders.
One problem is that so many people connected with the building trade: Estate Agents, builders, NHBRC, surveyors and even solicitors seem to believe that because it is a building, the normal laws of contract don't apply. You have to pay exactly the price they want on the dot and they think they can screw you around as much as they like.
Wrong!
I finished up being entirely satisfied with the house-but it takes effort.
Joined: Aug 2000
Aviation Qualifications: Non-Aircrew
Posts: 1,135
Likes: 160
From: Cornwall
This will not win me any friends but here goes.
CAVEAT EMPTOR - BUYER BEWARE!
I was 35 years in the airline industry and since have been renovating houses for resale. When I sell a house I regard it the purchasers responsibility to have a structural survey and satisfy himself/herself that the property is in the condition that is satisfactory to him/her. What is satisfactory is a matter of opinion.
I hide nothing and carry out all renovations to the highest standards possible but cannot guarantee anything will not break down/ fail the next day. Thats the joy of buying anything second hand.
If you want an NHBC guarantee then buy a new property with such guarantee in place.
If you have purchased a 'renovated' property I don't think you have any comeback at all and if the developer offered compensation then you were very lucky and should take it.
CAVEAT EMPTOR - BUYER BEWARE!
I was 35 years in the airline industry and since have been renovating houses for resale. When I sell a house I regard it the purchasers responsibility to have a structural survey and satisfy himself/herself that the property is in the condition that is satisfactory to him/her. What is satisfactory is a matter of opinion.
I hide nothing and carry out all renovations to the highest standards possible but cannot guarantee anything will not break down/ fail the next day. Thats the joy of buying anything second hand.
If you want an NHBC guarantee then buy a new property with such guarantee in place.
If you have purchased a 'renovated' property I don't think you have any comeback at all and if the developer offered compensation then you were very lucky and should take it.
