Liability of housing association in case of shortcomings

Questioner

We bought a new-build home from a housing corporation, but the contractor went bankrupt just before the home was finished. The corporation had another contractor finish the home and pick up the delivery points. Now, however, there is still 1 delivery point open, namely a large number of cracks and damage in the garden wall. However, the corporation refuses to do anything about this and even says it does not acknowledge responsibility for this, with the comment 'well, if the contractor was still there, we would have held him liable!'. In fact, during the last conversation it was also stated that the corporation will not offer any guarantee for the house at all, since the guarantee was transferred to the contractor in the purchase contract and he is bankrupt. This is in stark contrast to previously made statements (we would simply have a guarantee) and the corporation does not respond to my email asking for the situation regarding the guarantee. Now my question is, to what extent is the corporation (as seller) liable and responsible for 1) the correct delivery of the home, and 2) for the warranty? I am aware of retailers who have to maintain warranty periods even if a manufacturer is bankrupt, but I do not know how this is in our situation. Thank you very much for your time.

Lawyer

You buy from the housing corporation, not from the contractor. This means that the construction contract is concluded between the contractor and the corporation. The corporation is therefore, as seller, responsible for any defects. How it is with the guarantee depends on what has been agreed upon. My first reaction is that, if you have no part or lot in the construction agreement, the corporation is 'simply' responsible for selling a decent home. The issue of the guarantees is separate from that as far as I am concerned.