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Off-plan not built to advertised plan

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Comments

  • JQ.
    JQ. Posts: 1,919 Forumite
    What contractual obligations are imposed on the developer by the payment of the reservation fee? How much is the reservation fee?
  • caeler
    caeler Posts: 2,638 Forumite
    Part of the Furniture 1,000 Posts Mortgage-free Glee! Photogenic
    spikeachu I think you need to decide what you want. To pull out completely with your reservation deposit in tact or to switch your reservation to a plot that better meets your needs. Once you've decided only then you can move the situation forward. The developer has your money, they won't do anything voluntarily and they are hardly going to pull down the house and start again!
  • Leo2020
    Leo2020 Posts: 910 Forumite
    Quick update. No further response from keepmoat as yet.

    Have been looking on Sheffield councils planning portal and can only found the house in its current configuration. But there are a lot of documents relating to the build.
  • Leo2020 wrote: »
    Have been looking on Sheffield councils planning portal and can only found the house in its current configuration.
    Then, at the time of reservation did the builder show you the architectural floor plans (actual architectural drawing) of the plot that you wanted to reserve? Did you ask for it?

    Or did you reserve on the basis of the Loxley floor plan published on the website?
  • spikeachu
    spikeachu Posts: 14 Forumite
    edited 30 August 2013 at 11:03AM
    Then, at the time of reservation did the builder show you the architectural floor plans (actual architectural drawing) of the plot that you wanted to reserve? Did you ask for it?

    Or did you reserve on the basis of the Loxley floor plan published on the website?

    It was reserved under the description provided by the sales office who only had the site map, floor plans as per the earlier links and artists impressions available at the time.

    This property has been built to the plan submitted to the council, but not the plans that were available to me. Even with the information available to me, it took me well over an hour to find the plans on the council website. It's not an easy to use tool and much of the information on there is way beyond my technical knowledge anyway. I work in IT, not property development.

    Having reserved the property in May, right up to present date, the developer has not mentioned that this property is structurally different to all other properties on the development with the same description. It's only through a chance drive by that I discovered this myself.

    I suspect that the information had not been relayed to the sales office or that they didn't realise either or the information has been deliberately withheld.

    At best this is great incompetence. At worst it is deliberately misleading.
  • dancingfairy
    dancingfairy Posts: 9,069 Forumite
    What do you want? To proceed with the house sale and get a discount?
    Sue for loss of bargain?
    Get it rebuilt?
    Walk away?

    df
    Making my money go further with MSE :j
    How much can I save in 2012 challenge
    75/1200 :eek:
  • Leo2020
    Leo2020 Posts: 910 Forumite
    What do you want? To proceed with the house sale and get a discount?
    Sue for loss of bargain?
    Get it rebuilt?
    Walk away?

    df

    Right now we don't know. If we walk away, I would have thought they will refund us our reservation fee and upgrades without any hassle. But they solicitors fees, EA fees? - that might be a battle, I just don't know. Not that I'm not saying we won't walk away if we decide it's the best option, I'm just not looking forward to the hassle.

    We would consider a discount - again not saying we would accept but we would consider it.

    We really like the Loxley and we would like to purchase it but on another plot. Problem is no others are available right now. - So our ideal option is out of the question.
  • RAS
    RAS Posts: 36,167 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Would you be prepared to wait for a loxley with all the windows if one was available in the later development?
    If you've have not made a mistake, you've made nothing
  • RAS wrote: »
    Would you be prepared to wait for a loxley with all the windows if one was available in the later development?

    This is an option that we've considered, but as we are top of a chain, it's unlikely to be feasible.
  • Only the builders can give you the available options I think. You need to pressure them to get an answer unfortunately. Presumably they want to be paid for the house so they should be interested in resolving any issues.
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