Linden Homes deposit

shoopy20

My husband and I went along to a new homes development preview evening at the beginning of last year with Linden Homes with a view to possibly reserving a home. We took a look at the scale model of the development and even took some pictures of it. We sat down with a sales person and we expressed our interest in a particular property set back from the road. We signed over a £1000 holding deposit, so we could reserve the property. However the next day, we saw drawings for the property which showed a pathway running next to it (which we felt was a major security hazzard), which hadn't been shown on the scale model we had based our decision on. we also went to visit the site that day and saw that the houses had been built far closer to the main road than the scale model and drawings indicated. We asked for the status of the path to be clarified and to see new revised plans, but all they could offer us was an email saying that the agent had spoken with the buildings manager and that he could assure us that the path wouldn't be built. We felt this wasn't really enough security and we worried we could end up proceeding and then ending up with a house with a pathway running next to it that we didn't want, not to mention a house that was so much closer to the road than we had been lead to believe. We decided to pull out of the deal within a week of signing due to our concerns. Linden homes refused to pay us back our deposit even though we hadn't exchanged contracts, they said if we wanted to purchase another property from them they might transfer the deposit, but would not refund. My father became critically ill in the proceeding weeks and due to the stress we just accepted the loss of money as something we would have to take on the chin and that we had been stupid to sign up that night without seeing full drawing plans.

I know we have to be responsible for our own actions to a certain extent and it was over a year ago, but I just still feel so conned by Linden homes and so upset by it all, because the house we saw on the night did differ to the one on the drawings in terms of the path mostly and proximity to the road artistically and we were given alcohol and whipped into a frenzy to reserve a property as we were told they would all be gone by the end of the night. We so desperately wanted to buy our first house at the time and we were vulnerable and they knew this. I just wanted to double check that we had no rights to claim this £1000 back from them. I'm sure this must be something that has happened to many people. I can understand if you have been proceeding with a house purchase for some time, but within a matter of a days, I think it is very unfair really, and I feel they should not be allowed to give people holding deposit contracts to sign when they have been drinking alcohol provided by the developer. If anyone has any advice on this it would be greatly appreciated. If anything really, I just want to warn others not to make the same mistakes we did. We were very niave and didn'y have £1000 to lose overnight.:(

Is there anything to regulate this kind of thing when buying a newbuild home?

maninthestreet

The perils of buying 'off-plan', I'm afraid. What were the written terms and conditions (if any) related to the holding deposdit?

Hintza

Were you given any plans, site plans etc. If hey have moved the housethen you can argue they have altered the contract. But I suspect you miht be stuffed.

Could you sell the option to buy?