Help please - Redrow have changed the layout out of our house

matty17r

Hello All,

I need some advice. Me and my partner were due to exchange contracts tomorrow on a Redrow new build.

Me and my partner reserved this plot on the 23rd February 2009 after viewing the working drawings of the housetype. After reserving the plot we instructed our solicitors to act on our behalf and have also agreed a mortgage on this property. On the 16th March I was contacted by the Redrow Sales Consultant. She informed us of some major changes to the layout of the ground floor. She asked that we come in to look at these changes. We are appalled by the plans that we have seen. There are some major alterations to the internal layout which are not just slight modifications:

1) The ground floor is no longer open plan. The breakfast bar has now been removed and an internal wall will be put up. The open plan layout was a major feature in our decision towards this house. As a result of this the living room has been made smaller and kitchen slightly larger. The kitchen will not get any light in the evening now like it would have done previously as it is west face and the kitchen is at the front.
2) The window and patio door have been changed to a large patio door. Also socket and aerial points have been altered.
3) The closet has now become a laundry room and another closet has been added reducing hallway space. This has also made the hallway very elongated and made the lounge smaller.

We are appalled to have only heard about this three days before completion when alterations are dated on the scale drawings 21st October 2008. These alterations would have been agreed before building had even started (about 6 weeks ago) so they were falsely advertised in the marketing suite. This is the first that we had heard about this new design. We have been frequently visiting the marketing suite over the past six weeks. We were not informed of these major alterations when our offer was accepted.

We have since written a letter (by e-mail) to the sales director on Monday night, however have still not heard a reply.

Your advice would be appreciated as to what are legal rights are.

Thanks

bryanb

Once you have exchanged contracts you are committed. Does the contract say anything about layout/ type name of house etc?
I'm a bit confused at your reference to 3 days before completion, yet you started by saying you are due to exchange. Exchange is when you commit to buying, completion is when you pay and get the keys.

matty17r

Hi Bryan,

We were due to exchange tomorrow. We have paid a reservation fee already though. What this says is that the customer has seen the housetype drawings which we did at the time. So I don't think that they have a legal right to have done what they have.

tenke

Sorry to hear they are messing up with you.

I would hold the exchange until they offer a solution to this. Did they explain why they have decided agaisnt the former open plan design??

I would say stick to your guns until you get what you agreed on, it seems unfair to live with a design you never wanted in the 1st place.

I remember I walked out on a new build but that was purely because on the snag day, the house seemed as sound as the one the little piglets lived in !!! lol Any wolf's whistling would have pulled it down !!! lol

Hope you get your problem sorted. Good luck:j

huntersc

Don't exchange, speak to the solicitor. It's possible that he/she has been negligent. Be ready to sue to get your deposit + costs returned.

p00hsticks

bryanb wrote: »

As you appear to have exchanged contracts you are committed. Does the contract say anything about layout/ type name of house etc?

I'm not sure where you've got this from - as far as I can see the first line of the original post says that they are due to exchange tomorrow (19th March) ?

Assuming that this is correct, then I think the answer is not to exchange - unfortunately you'll have lost any money you've already paid out on surveys, mortgage valuations etc, and the solicitor will want to be paid for they work they've already carried out, but that sounds better to me than going ahead and buying a house you don't like.

At the very least, I'd instruct your solicitor NOW that you are not prepared to exchange contracts at the moment but want time to cinsider your next action. Once you exchange you are really commited to the purchase.

The poster doesn't mention if you've paid any sort of reservation deposit to the builders already. If it were me, I think I'd be looking into claiming this back from the builder even if they try to claim it's non-returnable, on the grounds that you were in a position to go ahead with the purchase but only pulled out because they made material changes to the agreed plans without your consent.

bryanb

Definitely don't sign till you're happy with whatever they come up with.
It looks from the dates you've given that you were shown the wrong drawings.

bryanb

p00hsticks wrote: »

I'm not sure where you've got this from - as far as I can see the first line of the original post says that they are due to exchange tomorrow (19th March) ?

Assuming that this is correct, then I think the answer is not to exchange - unfortunately you'll have lost any money you've already paid out on surveys, mortgage valuations etc, and the solicitor will want to be paid for they work they've already carried out, but that sounds better to me than going ahead and buying a house you don't like.

At the very least, I'd instruct your solicitor NOW that you are not prepared to exchange contracts at the moment but want time to cinsider your next action. Once you exchange you are really commited to the purchase.

The poster doesn't mention if you've paid any sort of reservation deposit to the builders already. If it were me, I think I'd be looking into claiming this back from the builder even if they try to claim it's non-returnable, on the grounds that you were in a position to go ahead with the purchase but only pulled out because they made material changes to the agreed plans without your consent.

Yes I read the 3 days to completion part of the OP, My post corrected now.

matty17r

Hi,

Yes I have instructed my solicitor yesterday about this and have said we will not be exchanging. He was fine with it. There is no reason (as haven't even had a response from head office yet!) I have payed out my valuation fee and reservation fee already so will want to claim them back.

I have had about the Property Misredemption Act. Does anyone know if there is anything about this type of case in there?

Thanks

chickmug

matty17r wrote: »

Hi,

Yes I have instructed my solicitor yesterday about this and have said we will not be exchanging. He was fine with it. There is no reason (as haven't even had a response from head office yet!) I have payed out my valuation fee and reservation fee already so will want to claim them back.

I have had about the Property Misredemption Act. Does anyone know if there is anything about this type of case in there?

Thanks

PMA Property Misdecripstions Act is policed by Trading Standards so why not give them a call.

googler

Property Misdescriptions Act (so says the proofreader of the group)

You'll find it online at Govt websites, but even without invoking that act, I think it's fairly apparent that what's being supplied is not what you ordered and reserved on, and your solicitor should be instructed not to exchange on this basis.