Dishwasher not included in property although the advert states that it is

NewGuy2

Hi

My mother in law has been in the process of buying a new-build property for the last 7 months and was originally attracted to the property by the website listing. As part of the advert, it clearly states "fully fitted kitchen including integrated appliances and dishwasher".

Last Friday we finally got her moved into her new home only to discover there was a massive hole where the dishwasher was supposed to have been. We thought that it was probably on its way still (being overly optimistic) but I called the builder anyway to ask where it was. He told me that "white appliances" were not included. At this point I had not seen the original advert and wasn't sure if the mother in law had made a mistake about there being an integrated dishwasher in the first place so I took his word for it.

A few days later I finally got to see the original advert as it was still listed on their website as it had been for the last 8-10 months while the sale was going through. The listing still said "fully fitted kitchen including integrated dishwasher” as shown below. I took a picture just in case they decided to turn around and say that we were lying.

(new user and cannot upload the picture so I'll type it instead)

"Fully fitted kitchen with integrated appliances including dishwasher"

Anyway, I phoned the next day and spoke to the estate agent who then said they would speak to the builder. Later on I got a phone call back and she told me that the builder insisted that the dishwasher was not included as part of the sale. I told her that all along, right up until we walked into the new property that we expected a dishwasher to be fitted. She said that they had never agreed to it again. I then told her to go on their own website and look at the listing and read with her own eyes what it said. To this she said she would get back in contact with me later.

Much later on she came back to me and told me that the fixtures and fittings document didn't include the dishwasher and therefore they have no reason to give us anything. She advised me to talk to the solicitor dealing with the move.

Anyway, later that evening I went back onto the website so I could show a family member the original listing to get an opinion. Unsurprisingly, the listing had been removed completely. Luckily I had the original website address to the listing and low and behold they had edited the description to "fully fitted kitchen including appliances" (no dishwasher) before completely removing it from their website.

""Fully fitted kitchen with integrated appliances"

Doesn't this seem a little dishonest to anyone that they went out of their way to edit the listing and then remove it?

As I stated at the beginning, we fully expected the dishwasher to be included in the property and were never informed that the dishwasher wasn't to be included anymore.

I'd like some advice if possible because this doesn't seem right at all!

Many thanks in advance!

J

Mr_Moo_2

Compare the cost of a Dishwasher with the overall cost of buying the place, plus the amount of hassle you might go through to get this resolved, and then decide if you want to push it. You probably have grounds to push it if you want but do you really want to go there?

NewGuy2

I guess I'd like to see I can throw loads of legal jargon at them or something so that they know that they have no leg to stand on before going the legal route (which I doubt will happen as my mother-in-law is 75 years old and really doesn't want the hassle)

edit: Plus she has no money left to buy a washing machine (which is why I'm kicking up a fuss so I could sell it and purchase a washing machine with the money)

motherofstudents

Did you contact the solicitor who was dealing with the sale ? I agree it seems very unfair and I would possibly get a letter sent from the solicior or at least get some advice from them so you know where you stand legally.

I'm guessing the builder will wriggle out of it if it was not itemised on the fixtures and fittings list so it looks as if you don't have much chance of getting the dishwasher. It's worth making the effort though but obviously don't incurr any costs as it would be more than a dishwasher is worth. Very bad imo to advertise it like that.

Wyndham

The advert is just that, an advert. The fixtures and fittings list forms part of the contract, and that was the point to argue that it should have been included (your mother did look at it, didn't she?). Post sale is too late, it's a buyer beware thing I'm afraid.

SecondTimeBuyer

Surely when you bought the place there was a fixtures and fittings list that came through via your solicitors? If there is and it states that there was a dishwasher than you have a claim, if not unfortunately it is a case of caveat empour unfortunately.

NewGuy2

I see, then that's no problem. It was a matter of whether or not an advert carries any weight in the end, even if the advert was clearly displayed on their website (with the dishwasher included) up until yesterday afternoon when I approached them about it.

agrinnall

Suggest to them that if they supply the dishwasher you will not submit a complaint to the Advertising Standards Authority.

googler

NewGuy2 wrote: »

As part of the advert, it clearly states "fully fitted kitchen including integrated appliances and dishwasher".

Last Friday we finally got her moved into her new home only to discover there was a massive hole where the dishwasher was supposed to have been. ............

The listing still said "fully fitted kitchen including integrated dishwasher” .......

I got a phone call back and she told me that the builder insisted that the dishwasher was not included as part of the sale.

Much later on she came back to me and told me that the fixtures and fittings document didn't include the dishwasher

Doesn't this seem a little dishonest to anyone that they went out of their way to edit the listing and then remove it?

It strikes me this could equally well be explained away as "Builder tells EA he'll include DW, changes his mind later without telling EA, when EA realises builder has done this without telling them, they amend or remove advert"

You could go to Trading Standards and protest it's a property misdescription. However the legislation there only provides for TS to fine the EA, not to make recompense to you.

You could, if the EA is a member of the Property Ombudsman scheme, go through the EA's full complaints procedure, then, if you don't get satisfaction, go to the Ombudsman. However, there'll be lots of admin to do this, and before long, you'll have spent the cost of a DW on letters, stamps, and other document-gathering.....

However, as others have pointed out, the inclusions should have been specified in the contract and/or fixtures & fitting list, which the solicitor on your side should have reviewed with you. Was the DW on there?

phoebe1989seb

Sorry to hear your MIL has this issue potentially blighting her enjoyment of her new home.

When we were selling our house last year there was a mix up over whether our £2000 Rangemaster oven was included or not - our EA had erroneously (verbally) told our buyers it was, although in our case it was picked up by them when we omitted it from the F&F list submitted to their solicitor.

We made a formal complaint (having first attempted to get the EA to compensate us - our buyer was threatening to withdraw over the issue days before exchange - and whilst the EA admitted blame they refused to do anything) and threatened the EA with the Property Ombudsman, which kind of did the trick as they paid us £250 compensation......not the full cost of the oven though

As others have suggested you could threaten them with Trading Standards etc but over a dishwasher I wouldn't want to be incurring legal costs personally......good luck!

cr1mson

Given you were going to sell it anyway I would push for financial compensation rather than actual dishwasher.