Unyielding Resolve: My Stand Against the Seller's Failures
.......Continued
Here are the actual reasons/facts on the seller's downfall:
- Valuation Delays: Repeated postponements and restricted access to the property hindered the timely completion of inspection reports.
- Structural Defects: A leak identified by the surveyor caused further delays and raised serious concerns.
- Mortgage Complications: Approval issues led to a revised offer that required a higher deposit than initially agreed upon.
Lack of Transparency
Despite my numerous requests, the seller chose to withhold the valuation report. Instead, the lender's valuer discovered a leak in this supposedly immaculate, newly constructed property, which had been completed since January 2025. After months of waiting, my patience began to wear thin, fueling my frustration. Yet, I held my composure as these ongoing issues jeopardised my ability to proceed. I meticulously documented all delays, associated costs, and threats to my financial stability.
GG's team recognised that these issues stemmed from the developer and third-party agents. I voiced my concerns through countless emails over months, yet a resolution eluded me. I complied fully with every contractual obligation and timeline. My reservation fee was paid in good faith, under the expectation of a fair and transparent process.
GG's team acknowledged these issues as attributable to the developer and third-party agents. As I explained repeatedly via several emails, over several days to months without result, I have fully complied with all contractual obligations and timelines. The reservation fee was paid in good faith in the expectation of a fair and transparent process.
These companies, GG, API GLOBAL UK, their associates (Seller Progressors), my appointed solicitor, and their team confirmed that the developer and third-party agents were at fault. I paid a £5,000 reservation fee in good faith in February 2025, followed by the full deposit and solicitor fees totalling £46,000, with a 28-day exchange contract due in March 2025. Thankfully, my deposit was returned as those funds were securely held in the solicitor's client account (Escrow).
I REFUSED TO BE SILENCED!
I am determined to hold EVERYONE accountable for these overdue and unresolved issues. I will not rest until every single penny I am owed is returned! Until this matter is resolved, I will make my voice heard across all media platforms. My mission is to seek justice for myself and protect potential buyers from similar experiences with unscrupulous property developers. It is absolutely unacceptable—and frankly, illegal—to violate the compliance and policies they created. They have a documented history of such behaviour.
I urge those who have faced similar predicaments—whether you've lost your reservation fee, deposit, or any other payment—to step forward and seek the justice you deserve. Don't allow them to manipulate your feelings of guilt. Knowledge is power, and together, we can enact monumental change.
Legal Basis for My Refund
While the reservation agreement may claim that this fee is non-refundable, it's critical to understand that adequate due diligence was not exercised due to unforeseen circumstances—specifically, significant structural defects. Under UK Consumer Protection law, entities can be held accountable for misrepresentation or unfair trading acts when they fail to meet their contractual obligations.
The Misrepresentation Act 1967 stipulates that a contract can be rescinded if it is entered into based on false or misleading information. Furthermore, courts have acknowledged the principle of unjust enrichment when one party retains funds without fulfilling its contractual duties. The Consumer Code for Home Builders and the New Homes Quality Code require developers to act fairly and transparently, including refunding reservation fees subject to reasonable deductions when a buyer withdraws due to circumstances beyond their control.
Why I'm Pursuing Legal Action
After paying a £5,000 reservation fee in good faith, I have endured over 18 months of delays, structural defects, and unfulfilled promises from the developer and their agents. Despite my persistent attempts to obtain the valuation report and resolve these critical issues, I have received no response. These failures have inflicted significant financial strain and breached consumer protection laws. I am now prepared to escalate this matter legally and publicly to ensure that all parties are held accountable.
Stay tuned as I share the actual agreements from the seller—Urbano Red Limited and API GLOBAL UK LIMITED—so you can discern whether I'm merely expressing frustrations or presenting factual, legally grounded concerns highlighted by the contradictory clauses in the contract they provided.
To be continued...
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