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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, Jan 18 2009, 2:47 PM

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

    My apartment is from Telford homes, but I would be interested to know what you guys discuss. I would be grateful if you would keep those of us who cannot attend updated via this forum.

    I would suggest that you guys all put funds together to get the contracts and the entire case looked at by a property litigation barrister, who will be the best person to advise. Also I would not recommend making any contact with Berkeley homes directly, and have all correspondance drafted by the barrister. There was a recent article in the times written by a barrister addressing some of the issues involved here. He may be the best barrister to use as I am sure he knows all the case laws involved.

    The article is linked below. Interestingly he did not even mention that one could be sued for failure to complete. Maybe he knows something that everyone else, including the recommended solicitors are hiding.

    http://property.timesonline.co.uk/tol/life_and_style/property/article4913206.ece

    • Post Points: 35
  •  Sun, Jan 18 2009, 3:54 PM

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

    maybe i am being paranoid here but should we all bring proof that we are not from berkeleys:?
    • Post Points: 20
  •  Sun, Jan 18 2009, 5:14 PM

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

    Not sure how you would but I honestly don't think it will be nec. We've nothing to hide and intend to merely share our stories in order to collectively come up with ideas as to 1) where we are to date, 2) what our options are from here and 3) how we reach a sensible outcome. Contrary to some people's expressed beliefs, no-one's being greedy here... instead sound investment decisions made two years ago have moved against us given a completely unforseeable economic meltdown - as the World's governments attest! For investors the economic climate is more than challenging if not impossible and shows no sign of improving in the short term, let alone by April/May 2009. Trying to avoid a series of 'BH Vs Non-completing Investor' court cases that could lead to many personal bankruptcies (and the inevitable zero additional cash that comes with that) through negotiation of terms is more socially responsible and profitable for them in the long run. No one wants a bad public image in a time when housing finance is a daily headline issue and maintaining relationships with investors should be key to their own survival.

    • Post Points: 20
  •  Sun, Jan 18 2009, 6:07 PM

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

    Hi

    I'm in the same situation with Berkeley at Chelsea Bridge Wharf and would like to attend the meeting on the 24th

    • Post Points: 20
  •  Sun, Jan 18 2009, 6:16 PM

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

    More people attending = greater the chances of finding a solution. See you there!

    • Post Points: 5
  •  Sun, Jan 18 2009, 6:22 PM

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

    The article you've cited is specifically in response to someone hoping to get their deposit back.

    It cites the appropriate legislation, and points out that previous attempts to exclude the statute right to apply for the return of the deposit have been rules out of order by the courts. That's all.

    • Post Points: 20
  •  Sun, Jan 18 2009, 6:26 PM

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

    Interesting Article re valuers in this weeks Property Week. Gives an Insight into how valuers are working in the present market.

    http://www.propertyweek.com/story.asp?sectioncode=38&storycode=3131625&c=3

    • Post Points: 5
  •  Tue, Jan 20 2009, 5:28 PM

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

    I will be there on Saturday at noon as well.
    • Post Points: 20
  •  Thu, Jan 22 2009, 6:05 PM

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

    Hi,

    Has anyone exchanged contracts for the Bauhaus development in Croydon?

    I'm in the same situation as others, whereby the flats are not valued at the same level as when I exchanged back in Sept 07.

    I cannot find a mortgage lender who is willing to provide the LTV that I need.

    What's other peoples experience of dealing with Bauhaus (the developer is DURKAN homes).

    • Post Points: 35
  •  Fri, Jan 23 2009, 2:18 PM

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

    Hello - I am having hte same trouble but for a flat in Islington I bought off plan - I would really like to come at 12 to West India Quay to hear everyones thoughts on the matter as I am very scared -

    thanks

    Michelle

    • Post Points: 5
  •  Fri, Jan 23 2009, 10:35 PM

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

    Hi,

    I don't have experience of them but I suggest trying to get in contact with other people in the same development is probably a good start. I didn't realise other people were in the same situation as myself until finding this forum.

    • Post Points: 20
  •  Sat, Jan 24 2009, 9:44 AM

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

    Hi,

    How do I obtain details of other people who have bought in the same development (Bauhaus, Croydon)?

    I doubt the developer would let me have this info.

    Thanks

    • Post Points: 20
  •  Sat, Jan 24 2009, 9:50 AM

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

    Naturally they will be unwilling to release that information and probably has a legal obligation to maintain investor confidentiality. I simply stood outside the Caspian Wharf site on the investors viewing day and gave my card to each investor. Cold, wet, long but worth every second. We now have direct contact with a substantial number of investors with whom we can share thoughts and concerns to help one another find a possible conclusion.
    • Post Points: 5
  •  Sat, Jan 24 2009, 10:13 AM

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

    Hi Charliec. Any update on your situ?
    • Post Points: 20
  •  Sat, Jan 24 2009, 10:30 AM

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

    Interesting to read they recommended you to a solicitor as that must have some conflict of interest issues, no? Could you post who that was? We were recommended to Thackray Williams by Berkeley Homes for our purchases in Caspian Wharf. We feel they've not been acting in our best interest either and have not been co-operating. We've managed to get together a significant number of people from the Caspian development but I'd be interested to hare thoughts with any BH investors particulalry in developments also soon due for completion like Royal Arsenal. Do you have contact with other investors in your development?
    • Post Points: 5
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