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Could i lose my house?

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  • Could i lose my house?

    Hi there,

    Just looking for some advice really. I purchased a property off plan in 2009
    and expected the build time to be around a year and half but it took nearly 3
    years. The builder has rescinded the contract as during the build i lost my
    job and couldn't complete. Now i am worried as the builder has kept my
    deposit and the apartment but withdrawn my contract. In doing so the builder
    has kept the rights and remedies' against me. What scares me the most is that
    im worried the builder will come after me and i have two small children
    and i am a woman on my own. So i am wondering if i could lose my home as
    i don't want to be made homeless with a young family.

    Any ideas or info are more than welcomed as im really kinda
    stuck as to what to do?

    Jen x

  • #2
    Re: Could i lose my house?

    With off plan properties, the builder will serve notice to complete but it depends what the contract states and if a clause called a ‘long stop date’ was applied to the contract (not always necessary).

    If there was a long stop date in the contract then depending on what the long stop clause says, this may have protected your deposit if the build exceeded the LSD.

    To analyse the situation further, we would need to see a copy of the contract and it may require the attention of our litigation team.

    If the builder has done anything to indicate abuse then we would strongly recommend you contact the police to report the situation.