Handover and acceptance

What happens if you sign the handover before inspecting

You lose the leverage that came from not having signed. The defects liability period usually still protects you, but you move from conditioning acceptance to requesting repairs, and you may have to prove the defect existed before you took possession.

What the signature actually does

The document is not a formality, although it is often presented as one. Depending on the jurisdiction and the wording, it can pass risk to you, start the defects period running, trigger the final payment, begin your liability for service charges, and record that you received the property in a condition you found acceptable.

That last one is the part that matters when something goes wrong. A signed acceptance with no reservations is a statement, made by you, that at the moment you looked, there was nothing to record.

What you still have

The defects liability period does not disappear because you signed. In most markets the developer remains obliged to remedy defects reported within it, and structural obligations typically run for far longer than the finish ones.

What changes is the position you argue from. Before signing, the developer needs something from you and you can withhold it. After signing, they need nothing, and the speed at which your list is worked through becomes a matter of their goodwill and your persistence.

The evidence problem

Once you have possession, a developer's first response to a defect report is frequently that it was not there at handover. Sometimes that is a genuine question, and a scratched worktop really can happen during a move.

Without dated photographs from before you took the keys, the argument has no anchor. This is the single most common reason a legitimate claim goes nowhere, and it is entirely avoidable at the cost of an hour and a camera.

What to do now

  1. 01Document the current state fully and immediately, dated, before anything is moved in.
  2. 02Read the acceptance document you signed and establish exactly what it says you accepted.
  3. 03Find the defects liability period in your contract and diarise its end date.
  4. 04Report everything in writing, by a route that produces a record, and repeat in writing after any call.
  5. 05Commission an independent list if the developer disputes what is a defect and what is not.

Questions on this

Can I withdraw an acceptance I have already signed?

Rarely, and it depends entirely on the jurisdiction and on whether you were misled. It is a question for a lawyer in the country of the property, not one to answer from a general article.

The developer said I had to sign to get the keys. Is that right?

Frequently it is what the contract provides for, which is why the objections have to go onto the document rather than being traded against it. Signing with reservations is usually available even where refusing to sign is not.

Does this apply to structural problems too?

Structural obligations normally run for years and are much harder to sign away. The practical difficulty is different: by handover the structure is covered up, so the problem is not your signature but that nobody looked while it was visible.

Read one before you buy one

The specimen shows the whole structure: status, what each payment was meant to buy, the forecast with its range, the photographic record and the limits of what was checked.