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Property Development Gone Wrong

When a property development fails, it can have dire consequences for those involved. Find out more about your personal liability and your best options.

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    There are several reasons why any property development can go wrong. By its very nature developments are a high-risk, high-reward business.

    In today’s ever-changing climate, with the backdrop of Covid-19 and now inflation pressure pushing up the cost of business, it is exceedingly difficult to predict anything with confidence and things can invariably go wrong.

    Property Development Gone Wrong: What Are Your Options?

    These situations are more complex than normal business debt issues. This is due to the involvement of substantial amounts of finance, multiple sub-contractors, and other factors at play.

    There may come a point in a property development project when you need to decide whether it is worth continuing. This can be a difficult decision due to money already invested and, the uncertainty of how much more funding may be required.

    If your funding was secured with a charge, the lender may ask for a fixed charge receiver (FCR) to be appointed. This is rarely a good sign, as you will lose control of your development.

    What Is Your Liability If Your Property Development Fails?

    Whilst property laws and the recovery of associates debt has its own Statute, the usual debt collection methods also come into play. Therefore, it is important to get a bearing of where a case may go, dependent on the route the creditor chooses. For example, do they go all out for a Judgement or do they look at extended litigation?

    The options available to a creditor is different depending on circumstances and the type of case.

    If there are more than one of the scenarios in place, then the issues can compound. You need to make sure you are ‘fighting the right fight’. For example, some clients vent their fury at say a Fixed Charge Receiver when the final demand will come from the lender, who should be the point of focus from the outset.

    Some of the most common types of actions taken by lenders to recover money owed include:

    • Fixed Charge Receiverships
    • Administrators
    • Liquidation
    • Repossession Proceedings

    Can’t thank Bell and Company enough

    We were in a terrible situation in which our home was at risk due to poor financial advice regarding a directors loan. It was a very stressful time. Our experience with Bell and Company started with Liam who was extremely…

    Can’t thank Bell and Company enough

    We were in a terrible situation in which our home was at risk due to poor financial advice regarding a directors loan. It was a very stressful time. Our experience with Bell and Company started with Liam who was extremely responsive, knowledgeable and reassuring during our onboarding. Once our case had been accepted we were looked after extremely well and professionally by Sam. Sam looked after every aspect of the case so we didn’t have to deal directly with anyone but him. He kept us fully up to date and was always at the end of the phone when we needed him. The costs for this service seemed steep at first but in the end a very small fraction of what they ended up saving us – over 100k.

    Can’t thank them enough. We are now in a position in which we’re secure in our home and can start to look forward again.

    Kirsty – GB

    What are Your Options?

    The key to dealing with any legal or litigation threats is to act, immediately and get the best specific advice.

    Too often we see people using the ‘family’ lawyer who is good at conveyancing but not well versed in this form of potential litigation

    Armed with that specific advice – be realistic and pragmatic. Because, if you are not and your judgement and decisions are jaundiced by any emotions, you will fail and the costs in defeat can be extortionate.

    If you want to find out more about the impact of property development, call us today to speak to one of our specialists.

    Contact us today to speak to a business debt specialist.

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