Buynig off-plan and built property different from brochure

steven.evans

I have been in the process of buying a property from a developer (off-plan) for some time and during this time I discovered that what was built was different from what I had expected - different from the brochure and specs that were provided by the agent. As such I no longer want to purchase the property.

The contract seems to state that the developer can modify the property as long as it ..."does not effect it's character or value" and I feel that the differences between what has been built and what the brochure shows break both of those clauses.

I have a solicitor on this but was hoping that sharing it with a wider audience may yield some more diverse advice.

Natty082

Can you explain what the differences are?

GDB2222

You'll need an expert witness to say whether the character/value have altered. The builders will wheel someone in to say the opposite. This will run and run, I'm afraid. I assume that prices have dropped since you entered the contract, so this might be a good way of trying to get out of it.

poppysarah

Square footage has to be the same.
Same number of bedrooms.

steven.evans

Natty082:
There 2 fundamental differences as far as I am concerned.

1) There are 2 structural pillars in the kitchen/living space that are there to take the load of the flats above - these were not present in the brochure and not shown on the red line drawing in the contact. These drastically compromise the space in terms of how it can be used. Note: The spec that I was sent by the agent specified that no down beams would be present and that load bearing beams would be concealed in floor spaces.

2) The second issue is that brochure depicts the flat with a partially glazed roof in living/kitchen area (there is a portion of the flat that is not all directly below the flat above). The glazed portion of the roof was depicted as running the entire length of this space (approx 26 feet) however, what has been built is a considerably smaller (approx 15 feet) light well and different in design – in my opinion what has been built looks (without sounding snobbish here) cheap.

Now, this may sound insignificant to some, but my issue is that if I had been told that this is what was going to be built then I wouldn’t even have made an offer in the first place. Also, what I find really difficult to swallow is the fact that they (the builders and therefore, I can only assume the developer as well) knew well before I even made an offer that these differences in the design (different from depicted in brochure) were going to be carried out.

GDB2222: Yes the prices have since dropped.

Natty082

steven.evans wrote: »

Natty082:

The second issue is that brochure depicts the flat with a partially glazed roof in living/kitchen area (there is a portion of the flat that is not all directly below the flat above). The glazed portion of the roof was depicted as running the entire length of this space (approx 26 feet) however, what has been built is a considerably smaller (approx 15 feet) light well and different in design – in my opinion what has been built looks (without sounding snobbish here) cheap.

GDB2222: Yes the prices have since dropped.

These are the magic word here - If your not happy then i'd definately walk away, will you stand to lose much if you do?

I have a flat and selling at the moment is a nightmare - around my area they are de-valuing rapidly! A lot more than 20% already!

I'd either reduce your offer drastically or walk away.

steven.evans

The issue is we exchanged a year ago and it is only since that time that the build developed enough for me to see the discrepancies. What this means is that I cannot easily just walk away as the developer is now going to pursue me for the difference between the contract price that I exchanged on and the price that he ultimately sells it for. Clearly what with the drop in property prices this is a considerable amount of money.

jmt

Hi OP,

You say that you are in the process of buying - have you paid the developer a small deposit (£500 or so) or have you actually exchanged with a % deposit.

If you have only paid a small holding deposit I would walk away in the current climate, settle your solicitors fees and your £1000 or so loss will easily be cleared on any NEW property that you see and offer on.

I have recently had a seller pull out a week before I was due to simultaneously exchange and complete, three weeks later and I am over the moon as I have just nabbed myself a bargain as it is 28% under what the sale price of next door property sold for in Dec 07.

Sometimes things happen for a reason.

jmt

Sorry OP, you placed #7 whilst I was typing.

steven.evans

I have paid a 10% deposit at the point of exchange.

Natty082

Sorry, hadn't realised you had exchanged. Have you spoken to the builder about being unhappy about the discrepancies?