Builder Problems - can we loose our property

We are still waiting for our TAPU after 3 years,the builder tell us that the contract between him and the landowner says that the tapu will be released to the builder only when building is complete and full payment is made.

Over 75% of the build is complete but building has stopped and the builder has not paid the full amount - can the landowner claim our properties if the builder continues to not pay him because he can not sell any properties, or if the landowner does not want to wait any longer and wants his money

Thankyou for your help

Mr Worried

Dear guest,

It depends on the contract between the builder and the land owner whether to be able to terminate the contract due to delay of the completion. No one is able to know what the provisions in the contract are and what kind of rights they give to the land owner other than the signers of the contract.

You can direct your claims towards the builder if you loose any rights because of the claims of the land owner arising from the builder's violation of provisions in the contract provided that there's a written agreement signed between you and the builder as he engaged to deliver you a house with a tapu.

Hope this helps,

Regards.

Hello again we are still waiting for TAPU, our builder keeps promising the deeds but makes excuse after excuse, there are lots of british who have bought on our complex about 124 properties and no body has got their deed. The landowner will not release the land, it is not paid for and the builder has decided to rent out properties and only very slowly finish the build. A few owners are taking the builder to court but most owners are just waiting to see what happens. The few who are taking court action is taking the builder to court and I wonder how this will force the landowner to release the land if he is waiting for his money too. What do you advice to take court action or to just wait.
thank you Mr Worried