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HOLA441
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HOLA444

Just to give a bit of an update on this one if anyone is interested.

http://www.courtsni.gov.uk/en-GB/Judicial%20Decisions/PublishedByYear/Documents/2014/[2014]%20NICh%204/j_j_DEE8992Final.htm

http://www.bbc.co.uk/news/uk-northern-ireland-12310172

The tactic of trying to force the developer to complete didn't work.

But it would have worked had he been ready, willing and able to perform in the first instance. If Mr Scullion, by end Nov 2008, had deposited the balance with his solicitor - an indication that he was ready, willing and able to complete - then he would have won his case.

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But it would have worked had he been ready, willing and able to perform in the first instance. If Mr Scullion, by end Nov 2008, had deposited the balance with his solicitor - an indication that he was ready, willing and able to complete - then he would have won his case.

Very true, it's an interesting test case. He couldn't prove he had the means to complete.

An agreement in principle didn't work either.

Edited by 2buyornot2buy
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Very true, it's an interesting test case. He couldn't prove he had the means to complete.

An agreement in principle didn't work either.

I agree. It is the 'able' part of 'ready, willing and able' where the trouble begins!!

The question: Had you deposited the cash with your solicitor for completion on 30th Nov then remove the cash on 1st Dec and issued proceedings for failure to complete the contract - would you have won? I'd say Yes but hard to magic up the £180k balance when you won't get a mortgage on a property that does not exist!

Edited by mmca22gr
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  • 4 months later...
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College Court Central: Buyers lose High Court test case against developer

http://www.bbc.co.uk/news/uk-northern-ireland-32723617

Six apartment buyers who failed to complete the purchase of city centre flats in Belfast have lost a High Court test case against the developer.

Their lawyers argued contracts were breached when part of College Court Central was sold for social housing.

More than 70 of the 117 flats have been sold or earmarked for social housing.

The judge ruled the developer was entitled to sell to social housing associations and to be compensated over the buyers' failure to complete sales.

Market crashed

The apartments in King Street were built during the height of Northern Ireland's housing boom and were originally priced at up to £190,000.

Potential buyers paid deposits to secure the new homes, but when the property market crashed, some were unable to secure mortgages to complete the deals.

The developer, Fernhill Properties (NI) Ltd, sued some purchasers over their failure to honour their contracts.

In the test case, proceedings were issued against Henry and Ann McCambridge, one of a group of six defendant purchasers.

At the centre of the action was the presence of social housing tenants within the building.

The total award of damages will be assessed at a later stage.

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