Builder changing plot after exchange of contract

whittboy

This seems to be a pretty interesting situation,

My wife and I recently exchanged contracts on a new build property and were looking forward to moving in before Christmas.

However, on Friday they called and said they had just realised they didn't build enough parking spaces on the estate, our space has already been sold to our next door neighbour and they've already moved in and there's no room to build them their own space.

Thing is we've exchanged contracts so my understanding is that we now have some legal rights over that land too. The builder has offered us a different space around the corner, not ideal, just wondered if anyone knows what happens if we dig our heels in and insist that this space is ours?

Guest101

If your sure you've exchanged then your right you own the land in all but name.

ging84

speak to your solicitor first thing tomorrow

if you checked your plans on the transfer agreement and the parking space shows as being conveyed to you then they are in breach of contract of sale if they've sold it to someone else

i wouldn't accept a parking space round the corner without an enormous amount of compensation to account for the fact it's not ideal and probably not what you wanted, it will also make it more of a pain to sell later on, especially if they do not sort out all the planning permission paper work

whittboy

Thanks, I thought so, yes our solicitor confirmed the exchange on Friday, this is going to be interesting, they're meant to be contacting me tomorrow to discuss.

gazzabboi

What builder is it? Name and shame for having incompetent sales staff.

They more than likely haven't changed the parking space, planning permission costs them money to change. Do some digging on your council website for the plans.

whittboy

I think it's the builders at fault rather than the sales staff, they haven't followed the plans, they've built the properties in slightly the wrong place so they're a little bit short on car park space, hence one too few.

I'll give them a chance to redeem themselves before naming and shaming.

gazzabboi

Must be an amateur small builder, surely cant be national. Everything such as drain locations etc have to be planned for. The foundations usually have to be laid fairly accurate.

AnnieO1234

Unfortunately even if you'd purchased quite often developers will allow for alterations due to "human error". Make sure to get proper advice weigh up the costs of walking away (and stress of litigation for recovering same) against a parking space "around the corner."

Is it feasible to add a space to either your intended property or the neighbours? How far away is the space from both properties?

Look at it from your neighbours perspective for them it's as if they went to asda, bought some goods and took them to their car to have someone follow them and say "I know you've paid for that bag of crisps and I know you've started eating it but we didn't mean to sell it to you, give it back for this other person."

Sorry! X

PasturesNew

Presumably, the neightbours now own the parking space, so it wasn't the developer's to sell, so you can't get that one from them.

The thing is, it might be that without the space where it was expected, you'd have not bought the house (I know this type of thing is crucial to my decision making) .... for me I'd want the new space and a minimum of a 5% cash bung to feel they'd tried.

But parking, where the parking is, exactly where it is ..... is a major part of my decision making. I plan to ONLY have my own drive/parking... all this allocated nonsense is pretty much a deal breaker... if I did opt in the end for this arrangement then a different parking space would have me beside myself with sadness.

whittboy

The new space is only about 10 meters away so probably not a deal breaker but that's rather than being right at the front door. I was really just interested to know where everyone stood since everyone's been sold the wrong bit of land.

I agree Annie, it's not the neighbours fault, they've essentially also got a different space to the one they though they were getting, albeit there's is now closer to their house.

3rd biggest house builder in the uk Gazza

ihatemyhouse

what do your plans say, as this is what your thought you was buying, start sueing