Author Topic: HTB with New build Solicitor says 5% depoit now and the rest after completion  (Read 118 times)

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hman2020

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My partner and I are in the process of buying a new build.

Steps done:
1) Deposit paid
2) HTB application approved
3) Mortgage approved

We've unfortunately gone with the builders recommended Solicitors  :( and every conversation ends with "this is what the builders solicitors have told us" and they don't seem to challenge anything. We are also at a point where we are correcting their tiny number mistakes here and there.

Anyways, Our Help to Buy says that the minimum deposit is 5% but we have more than this. Our solicitor says that the builder is ready to accept no more than 5% of the HTB and the rest is to be given when the completion papers come through. We've asked them twice what do you mean by that and here are the points from the mail:

"I can confirm that I am only permitted to ask you for the 5% deposit. The remaining balance I will request for payment when we have a completion statement."

Does that mean they will take the remaining from us in time? Would that be the way most builders operate?

Sorry, we're are first time buyers as you can probably tell by now!

thanks in advance
H.


New Home Expert

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My advice is "your"  (builder recommended) solicitor should be explaining this to you, or at least explaining it more clearly.
What housebuilders want at exchange is 10% deposit. It could be 5% from you and 5% from Help to Buy.
Whatever you want to add to this would therefore be at completion along with the balance of Help to buy and the mortgage funds.

If your solicitor is making mistakes you need a better more senior one dealing with this for you.
I suggest you mention complaining to the Legal Ombudsman and Law Society and see if it improves!
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