Developer has drastically changed kitchen - where do I stand?

dimbo79

Good Morning All,

I am in the process of buying a new build apartment from a well-known developer. I have exchanged and expect to complete in Aug/Sep.

I went to site for a visit last week and was shown the ground floor apartment a few floors underneath mine to get a feel for the layout etc. I couldn't view mine yet due to some site safety malarky. Anyway I was shocked to discover that the kitchen layout was massively different to what was in the showroom, the brochure and online. The best I can explain it is the showroom had a U-shaped layout on 3 sides, whereas this one was a L-shaped on 2 sides. I asked where a third of the kitchen had gone and all the Sales Advisor could say was "well you have more space for a dining table now" and that she wasn't aware it was going to be different.

Now all along I have explained to them that the kitchen was the most important aspect of the apartment for me and it had to be right. When I got home I emailed in my concerns regarding in effect buying something that was now not going to be delivered. I have asked for clarification on what has happened and how it is going to be resolved. I have had a phone call to say that the flats on my side of the building have lower windows meaning the layout could not be the same as the show room. I find it incredulous that they feel it ok though to just chop a third of it out. Apparently the developers are currently meeting with the kitchen people to see what can be done.

They have asked me what I would like to happen and I have said I want the kitchen I thought I was getting. My question to you guys is, what other courses of action do I have? Can I ask for a reduction in the price, or can I even pull out and get all costs recovered? It may mean be a minor point for some, but for me If I'm not getting the kitchen I want then I would rather go elsewhere.

Sorry for the long post.

poppysarah

What does your paperwork say?

Have you signed something to the effect of "we can change the plans anytime we like"?

Room for a dining table is not a substitute for storage volume being reduced and losing work space etc

PasturesNew

Most of their materials will say "just an example of how it might look". If your contract doesn't specifically state all the details (e.g. by attaching a detailed plan) then, as you've exchanged, you'll be at the mercy of the developer's ability and capacity to give a t0ss.

p00hsticks

dimbo79 wrote: »

They have asked me what I would like to happen and I have said I want the kitchen I thought I was getting. My question to you guys is, what other courses of action do I have? Can I ask for a reduction in the price, or can I even pull out and get all costs recovered? It may mean be a minor point for some, but for me If I'm not getting the kitchen I want then I would rather go elsewhere.

I've never bought a new build, so may be being a bit naive here, but surely if you are buying off plan, at the point of exchange everything must be pretty well buttoned down, with detailed floor plans and descriptions etc ? I can't imagine that your solicitor would let you commit to a purchase by exchanging contract without that being the case (or at least making you very aware of what you are signing up to....) (Please don't say that you've used a conveyancer recommended by the developer to act for you because it was cheaper).

As you've exchanged contracts, then I don't believe you have the option of walking away, or even asking for a reduction in price, but you do have the right to insist that you are provided with what you signed up for, so I think you need to speak to your solicitor (or whoever is acting for you in the sale) and see exactly what is specified.

Thrugelmir

Did you not ask to see a floor plan of the property you are buying?

dimbo79

Yes I saw all of the floor plans and all was fine. It is only recently that they have decided to alter the layout apparently due to discovering the windows are lower on that side.

I am going to speak to my Solicitor on Monday.

Mrs_Imp

I worked on a construction site and one poor lady was given the job of phoning every person who had purchased off plan. A heater had been moved from one wall to another wall, since they had signed their contracts. All the purchasers were given the option of walking away from the purchase with no cost to themselves.

I would get your solicitor to check your contract.

purple12

I'm just going through buying a new build at the moment (not yet exchanged) but the solicitor has put in a clause about a reasonable expectation of getting what is on the plans that we have seen/sales brochures and our solicitor specifically told us to go through the detailed plans on site to ensure that if they do make any changes, we'll be able to have a 'come back' and that any changes in materials from the brochure have to be checked with us and 'equivalent' so it might be worth speaking to the solicitors about possible options.

ILW

Why not buy after the place is built?
As least you know what you are getting

terrierlady

have u not got a copy of the kitchen drawing and type of units u chose etc, lots of purchase PRESUME they are getting same as showhome only to find out later there are 3 grades of kitchen and layouts to many developers homes depends if you want to upgrade or not from standard .when selecting items, moving plugs buying extra plugs etc get copies of what you order then no worries .

Perelandra

purple12 wrote: »

I'm just going through buying a new build at the moment (not yet exchanged) but the solicitor has put in a clause about a reasonable expectation of getting what is on the plans that we have seen/sales brochures and our solicitor specifically told us to go through the detailed plans on site to ensure that if they do make any changes, we'll be able to have a 'come back' and that any changes in materials from the brochure have to be checked with us and 'equivalent' so it might be worth speaking to the solicitors about possible options.

Very interesting. This in itself would be a good reason not to use a developer's "recommended" solicitor, as I'm sure they wouldn't try to do the same thing!