We purchased a lot & house package with all parties having signed the sales agreement, the conveyance for the lot & house and the construction agreement to build the house. Vendor failed to provide its share of stamp taxes to register the conveyance due at signing. The vendor/builder subsequently deviated substantially from the house plan. On our protest she stated we can either accept the 75% complete house as is or take back all monies. We had paid in stages as per the construction agreement. The construction agreement provided for arbitration to settle final debts not the cancellation of the conveyances or contracts.
The vendor refused to participate and initially barred our inspector as needed by terms of arbitration. We started court proceedings for a declaration and possession. We went to dispute resolution. In the DRC vendor was warned by the mediator but unphased. 2nd DRC is pending. Our inspector eventually concluded the vendor was overpaid for works. Having 100% equity, are we superior to the vendor? Contract delay and dispossession has now been over 700 days. If 2nd DRC is fruitless & no one wants arbitration, can we claim repair cost, loss of bargain, trespass and consequential losses? Also, how quickly should the court have acted when this case was first brought to its attention? We had 5 "For Mention" hearings before I asked for the first DRC.