Dear Property Doctors,
We would very much appreciate your advice on a sticky issue that has arisen with a developer refusing to rectify snagging issues (some quite minor) at our new flat.
The developer is seeking to hide behind a standard clause in the conveyancing contract – Standard Conditions of Sale 5th edition 2018 Revised 3.2.1 – and claims that we have accepted the property in the state it was in on the date of completion, and the developer has no responsibility to remedy anything.
The developer even had the nerve to suggest we contact the latent defects insurer (which we did) for remedy. The insurer tells us the developer is liable for defects/snagging issues that arise in the first two years following completion of the new build.
We have made an official complaint but are getting nowhere with the developer who is proving very slippery indeed. Who is right? Is it worth our pursuing this with him or not?
GH, by email
Condition 3.2.1 of the Standard Property Conditions (2018 revision states): “The buyer accepts the property in the physical state it is in at the date of the contract unless the seller is building or converting it” (my emphasis).
So that clause does not assist the developer. Normally, where a developer contracts to sell a new property (or an “off-plan sale where the property has not in fact been built at all) there is a clause of the contract that the work has been carried out to a good standard and that reasonable snagging issues will be dealt with.
I think the first thing you should do is to go back to the solicitor who acted for you when you bought the property and who would be familiar with the contract.
Although this does not apply to you I would just mention that, with a normal second hand property, the rule is “caveat emptor” (“Let the buyer beware”) and the seller is not liable for any defects in the property. That is why it is always sensible to have a surveyor inspect any property you are thinking of buying.
David Fleming is the head of property litigation at William Heath & Co solicitors (williamheath.co.uk)
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