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28 Apr 2010 2:17 PM:

Hi

The one I am aware of was where the contract was cancelled due to breach of contract by Peninsula in delivering late.  The contract was cancelled before the loh was granted.  The court case was against the insurance company who provided the guarantees, not peninsula, and it is the insurance company who paid out.

Sue



Community thread: Returned Deposits

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13 Apr 2010 6:01 PM:

Always assuming of course that they are telling the truth!



Community thread: money back !

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03 Apr 2010 11:07 PM:

Hi

The information I have agrees with Lurkers view.  Once the loh is granted it is very difficult (or impossible) to cancel the contract as the developer is deemed to have completed their part of the agreement, although in truth there could still be a lot of work and time required before the property is in a state to complete the purchase.  Thats just the way it works.

Also developers will go to lengths to avoid receiving cancellations prior to the LOH being granted and I know of a case where the solicitor had to pay a notary to deliver the cancellation in person as the developer ignored posted/faxed documents.  If the LOH is granted on Tuesday you are likely to be stuffed, but these things often get delayed so I would give it a try anyway.

Note there are other considerations and rather than repeat myself, have a read of my post on the Hallo thread,  1st November.

Good luck!

Sue

 


 



This message was last edited by suzie q on 04/04/2010.
Community thread: money back !

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01 Mar 2010 1:58 PM:

I would be surprised if anybody has lost a case yet, as there hasn't been time. 

I know of one court case which has been going on since August 2008 (ME23), and is still ongoing.



Community thread: I am in shock!!

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01 Feb 2010 1:18 PM:

Thats not fair!  What about some stable boys too!



Community thread: Hallo

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