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Property Purchase problems

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Property Purchase problems

Postby simba » Thu Mar 11, 2010 11:57 pm

We bought a townhouse in Argaka sometime ago. We are experiencing some problems. Firstly, there has been leaking from the roof, due to the amount of rain you have had, this has caused much damage around the complex and to individual properties.
When we were out last August we drew up our snagging list, which we presented to the man we bought from, who sent this to Real Chester, the developers. We are still waiting for most of these issues to be resolved.

We have some major issues that we are concerned about, in particular that we have no gate at the front of our home so cannot access our front door and nor could any visitors or trades people, we therefore have to use our back gate, which has no number on and for anyone visiting this would be hard to find.
On our plans we were to have a stepped front area with a patio leading down steps to a garden area and we thought a gate. This is not what we have, we have a patio area and an area of soil all on one level, with a 1.2 metre approx high wall obstructing our sea view. If they had stepped the garden as originally showed then our view would not be obstructed by the wall.

On our trip last year we also noticed that there were some large cracks/subsidence down the walls of this patio area spreading across the patio and into the next properties either side, this was obviously top on our snagging list, this has been repaired, but not really with in keeping as to how it was, we are obviously concerned should this happen again, also we now have a smaller patio area as they have taken away two of the patio slabs in the repair.

We have spoken with our sales man about all our snagging and the situation regarding the wall and Real Chester have a detailed copy of our snagging too, but the sale man has strongly suggested that nothing can be done about the wall and gate. We have had no response from Real Chester at this point, apart from a request today to make 50%of the final payment now, which they seem very keen to have as soon as possible.

We have been lead to believe that Real Chester have a mortgages on this land? What implication does this have on us?

We have paid a 15% deposit and there has been 75% paid through a mortgage so far, there is 10 % outstanding , which is to come 5% from us and 5% from the mortgage. It is with the Alpha Bank. Our final payment is with our current lawyer.
We would like to know if you would consider taking our case and what sort of costs maybe incurred. Our current lawyer was recommended by the developer, we don’t feel we had much choice at the time as they had already had everything set up with him.

We would like to know what our legal position is and what would happen should we decided to walk away from this development regarding the developer and the mortgage and whether we would be able to get any of our initial deposit back.


We are concerned about the situation without any knowledge of what we can do next. If anyone has and help or advice they could offer it would be most appreciated.
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Postby Get Real! » Fri Mar 12, 2010 12:54 am

Just a quick note on new leaking roofs…

Almost all new roofs leak within the first heavy rainfall and the idea is to climb in there while it’s leaking to figure out the exact locations of the leaks so as to climb up on the roof at the first sunny opportunity and seal them off with a sealant.

In most cases it’s a pretty easy problem to solve.
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Postby Get Real! » Fri Mar 12, 2010 12:56 am

Btw, one of the culprits of leaking roofs is the antenna pole that hasn’t been sealed at the base.
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Postby Svetlana » Fri Mar 12, 2010 4:51 am

The legal implications of a potential developer's mortgage are that should you wish to sell your property, the developer will need to pay it off first - a very least an irritation.

Should the developer go bankrupt, then you will be liable to pay off the mortgage, as the Alpha Bank will regard your property as an asset.

It is possible here, although totally improper, for developers to take out a mortage on a property already sold.
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Postby Milo » Fri Mar 12, 2010 10:29 am

Simba have pm'd you.
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