Re: Any way of getting out of contract of new build as mislead?




"Zoe" <zoeamunday@xxxxxxxxxxx> wrote in message
news:9b5ab4c9-abfb-4a54-a20e-da4143c18dd0@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
In 2004 I purchased a new build apartment,

What exactly do you mean? You purchased an apartment that hadn't yet been
built, or still hasn't been built or it had been and you moved in?

since then the developer
ran out of money and merged with the current developer. The current
developer happens to be a family friend and last summer verbally
agreed to buy the contract back. Since then several phones calls have
confirmed that this was still the case, until a call a few weeks ago.
Discussions then led to an agreement of losing the 5% that we had paid
but paying nothing more.

Again if this took place in 2004 how come you still haven't paid for the
balance of the property?

Again, the developer has just gone back on
this and we are faced with notice to complete in 2 weeks.

We are desperate as have not made any attempt to sell the property as
didn't have the need, and due to a change in circumstances are unable
to complete as our relationship has broken down.

Whose relationship?

It's very hard to tell from your post what this situation is about exactly
and why you no longer want this apartment, and especially how you could have
attempted to sell something you apparently don't yet own.

As you've already been advised, trying to comment on a complex situation not
fully or clearly explained is basically impossible.

If you want to get out of a contract there really needs to have been a
breach of it by the other party. Maybe this could be time delay in
completion in your case if it's dragged on for 4 years or some other lack in
what you had signed for. Without a breach you can basically forget it but
there may also be the possibility of completion of the contract but with
damages if say the delay has caused you to lose out on the sale value in the
current declining market.
--
Dave Baker
Puma Race Engines


.



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