16 Jan 2009 5:29 PM:
i purchased on phase 3 in 2006 and was told to expect a completion date of may 2009. I am seeking a lawyers advice regarding cancelling my contract and he wrote to me saying;-
Your contract establishes that the property will be delivered 18 months after having obtained the planning permission, therefore there is no completion date until this permission is granted.
If the developer does not have the licences for phase three, in which your property is, and bearing in mind that you signed the contract over two years ago, my understanding is that we have possibilities to cancel the contract and claim the refund of your money.
It would be very helpful for me if you had some kind of documentation stating a completion date, even if it is an approximate date. Should we have no written documents it would be interesting to localize other buyers that could act together with you in order to prove that they promised you to hand the property over to you in the year 2009.
According to our judges, there is reason to cancel a contract by breach of the completion date as long as the delay is over a year. If they have promised you the property for 2009 and they have not even started yet, you can be sure that the breach will be huge, especially if they plan to finish the properties in 18 months.
If they finish the property in 2011 that means a two years delay and that is more than enough to cancel the contract.
With the information that you have given me I tell you we can cancel the contract and claim the refund of what you have paid as well as damages.
If you are in contact with other buyers we could file a joint lawsuit which would be more effective and cheaper for everyone.
I await your response.
IS ANYBODY IN SAME POSITION WANTING TO CANCEL CONTRACT AND DOES ANYBODY HAVE ANYTHING IN WRITING STATING THAT IT WAS SUPPOSED TO BE DELIVERED MAY 2009? PLEASE PM ME
THANKS PHIL
Community thread:
Retain our deposits for how long and not 'deliver the goods'?
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