Q&As

A developer goes into administration, leaving a number of plots unbuilt. The developer had taken deposits from individual buyers in respect of those plots. Can the plot buyers recover the deposits?

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Published on LexisPSL on 13/06/2018

The following Property Q&A provides comprehensive and up to date legal information covering:

  • A developer goes into administration, leaving a number of plots unbuilt. The developer had taken deposits from individual buyers in respect of those plots. Can the plot buyers recover the deposits?

It is likely that the plots will be covered by some sort of new homes guarantee, for example NHBC Buildmark Cover (see Practice Note: New home warranties). Buildmark provides that if, due to insolvency, the builder does not start building or converting the plot or fails to finish it, the NHBC will generally reimburse the money the home owner has paid to the builder for a hom

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