contract clause

We have been waiting a long time now for our cert of habitation and are just fed up and thinking of pulling out , we noticed on our contract that a clause in it states  if we fail to complete on the purchase that the builder must either pay us back 50% of the deposit or take us to court and try to make us complete. Has anyone looked into this before ?

In the eyes of the law a property is not complete and you do not have to complete on the property, until a COH has been issued and you should not complete until you have one

The only grounds to cancel the contract are based on the actual completion date, the date of the COH and if this has been exceeded by at least 6 months you can then legally cancel your contract and , if you have one, make a claim against the Bnak Guarntee for return of the deposits, costs and interest

In the currebt climate there is a good chance that, if you fail to complete when the COH is available that they will take you to Court and there´s a good chence that you would loose the case in Court and hace to pay costs but they may just walk away with your deposit and then you would have to sue them