Would you sign contracts etc. UPDATE Pg5

Hi all,

Before anyone jumps down my throat for considering buying- a bit of background. We sold for a profit in 2007 and have been renting for two years. We have two small kids and are ready to buy a family home now. We can afford the mortgage if one of us loses our job (one job is civil service and unsackable :slight_smile: ), we have stress tested rising interest rates etc etc. We have looked at every house in our price bracket that has come on the market for the last two years and for one reason or another didn’t jump till now.

So after all that, long story short-

We paid a booking deposit on a new build about a month ago that is due to be finished next month. The original plans are on myhome.ie

The house is built. They left out three windows that were on original plans. They emailed us revised plans when we asked for room measurements, but obviously didn’t point out any differences. We noticed because the fences around the building site were taken down this week so we went in to peep in the (non-existant!) windows.

Our solicitor says we don’t have a leg to stand on because we haven’t signed contracts.

The developer is refusing point blank to allow us into the house on Health and Safety grounds yet they are putting pressure on us to sign contracts. We have really pushed the issue, but are getting nowhere.

My husband says that if they have gone as far as cutting out three windows in the exterior, he wonders what corners they have cut inside. We want to get in to see what the impact is on the light in the rooms. He reckons they will be way to dark now.

There is no showhouse. It is Phase Three in a development.

The developer says he has a waiting list for this type of house. While I seriously doubt it, the two houses of this type that were released for sale sold in launch week. They are expensive. We are mortgage approved and ready to go. This house ticks A LOT of boxes for us. The right sized house in the right location. That’s why we’re still even considering this house. We’re on the horns of a dilemma, as they say.

What would you do? Can we insist on getting in to view it?

Engage a surveyor (or other buildery type) with safe-pass to go into the house and view it and video it for you. That will either a) expose the health and safety issue or b) (if you get the video) give you a clearer idea of whether you must see it yourself. They can also tot up a snag list for you while they’re at it.

I wouldn’t buy a house sight unseen, though I have committed to construct one in the past!

We thought of the surveyor but not the video. That’s a great tip yoganmahew thanks!

My husband has a current safe pass and they are still refusing to let him in.

Great advice and it will call their bluff on the ‘health and safety’ issue.

Any hint of resistance and my advice would be to ask for your deposit back and walk away.

When you are buying a shirt or a pair of socks in Dunnes Stores do you take a look at them before buying? If you didn’t like the shirt or the socks were torn would you take them to the till and pay for them?

You are making the biggest purchase of your lifetime -
in a BUYER’S market.

Sign zilch until you are 100% clear, satisfied and happy about your purchase.

What exactly does a ‘safe pass’ consist of ?

Turning up for a FAS course for a couple of days and paying a fee… but it is often stipulated as a requirement for a building site.
fas.ie/en/Training/Employee+ … Safe+Pass/

Thanks all. We’ll go down the ‘video’ route and I’ll update this post to let you know how we get on.

If he fulfills the requirements to be on a building site, then the Health and Safety issue smells like a red herring.

Nonetheless, buying a property is an emotional issue and you don’t want to leave anything to chance.

Contact an engineer and get them to request access.

Call me a cynic, but I’ve a funny feeling thats as close to the property as they will get.

Hi incognito - 3 things jump out at me here.

I am concerned about that statement from your solicitor and the fact that you have had to come onto an internet forum to get information that he should be providing you with. It’s not a legal matter to gain entry onto a property that you don’t own it’s part of the buying process. (imo)

If the developer is being this difficult on this matter, can you imagine signing and then attempting to get him back to re-do something or if you discover something else when you move in.

Yes - if he wants you to complete the sale then of course you can insist.

Good luck.

I’ve just sent an email requesting permission to allow an engineer in to view the property.

The internet is a great place to get a dose of practicality. Thanks again all.

Every piece of promotional material for a new, and unbuilt, property development (“plans”, brochures, artists impressions, videos etc) will always carry a notice that states they do not form part of the contract.

All such materials should be treated as nothing more than a best case and not a true representation of what it is you are being invited to bid on/buy. They are sales and marketing materials and the final item may differ.

Caveat Emptor

Blue Horseshoe

I have a Safe Pass and I don’t even work in construction! Just the fact that you need access to a building site means you are likely to need one. I can understand the “health and safety” (read “insurance”) issue if you’re husband didn’t already have one. The fact that he does, suggests this is just a tactic to try and prevent you seeing the property before you sign.

I’d get a decent engineer in before I’d do anything else. For top end you might spend €750 or so to get an extremely detailed report but its a pittance in comparison to buying blind.

PM if you are interested in someone I would recommend and have used in the past.

Walk away,do not look back,this sort of arrogant brinkmanship was hard enough to take during the tiger years,in our current climate,its inexplicable.

Can you imagine trying to get him to complete the sang list if he feels he can walk all over you now.

Life is too short to have to deal with arrogant donkeys like this,move on and find another property,God knows there are enough of them out there.

Builder: “Howya, I wants ya to buy this house but I don’t want yess to see it first”
Me: “How about, ram it”


Engage a bonded engineer to conduct a survey on your behalf, This gives you the option of suing one of two people if it goes tits up.

Is this a joke ? There are 3 windows missing and the builder will not let you view the inside of the house before signing contracts ? What else is missing ?

You are entering a world of pain on this one and I would simply not buy it . Try to get your booking deposit back and walk away .

Thanks all. We’re going to get an engineer to take a close look. If they won’t let him or her in, we’ll back out immediately.

At least I’ll know we gave it our best shot.

And if you do go ahead with the purchase make sure to deduct the cost of the engineer from the final payment as this is an additional cost forced on you by their not allowing you to do the inspection yourself. Somehow I think you will have to cover the engineer yourself as you will not be buying aster his or her report - just a gut feeling based on your posts.