New House Building Error

gemmypaddy

Building_Surveyor wrote: »

I'm not sure you have much bargaining power as you haven't exchanged yet I'm afraid. If you ask for compensation and they decline... Then what? I'm not saying that's going to happen but think you will need to weigh up your options.

If you threaten to walk or indeed walk then there could be someone around the corner waiting to snap up the house despite what the house design was.

A question you need to ask you self is are you willing to walk away if it came down to it? Not because of principle, but because of the changed layout...

If they do agree to change the layout back to the original, are you prepared for the time delays this may cause, disruption etc...

I'm afraid losing mortgage fees, legal fees etc is a normal part of house buying something everyone needs to be financially prepared to lose when you enter the house buying game, it would be no different if a seller pulled out at the last minute. Be prepared worse case scenario of not getting them back.

I think in the first instance ask the developer why it was changed. They don't legally have to consult you about any changes the house isn't yours yet. That's probably not much comfort and common courtesy would suggest that they should.

If you are not satisfied with the reason they give or some idiot didn't work to the plan then yes I would challenge it and come up with a REASONABLE solution. Rebuilding the whole house is not financially viable or reasonable. Adding a window to the en suite sounds reasonable to me. I doubt a few hundred quid would leave you satisfied. Ask about the optional extras too. Worse case they say no.

I bought a New house several months ago. The house was complete but the gardens weren't done. The plans showed bricked driveways.... That never happened. All the drives are tarmaced. I wasn't consulted but it was a change that didn't bother me.

Thanks for the detailed reply.

So, playing devils advocate...

If we still felt like it was the house for us but wanted to get the best deal for us given the worsened specifications, do you think we should exchange and then highlight the problem/change? I'm not sure if this is something we want to do but I understand the logic.

The only thing that concerns me is once you exchange they may pay less attention to any concerns as they know you are fully committed financially.

doningtonphil

Surely the o.p. doesn't want to be exchanging before trying to make changes does he? Because by then he will be legally bound with less room for discussion.

Ulfar

Something else to consider is has this affected where the stairs have been positioned, this not only affects upstairs but the ground floor depending on how they have been placed.

It for instance can drastically affect how you can use a lounge.

Building_Surveyor

doningtonphil wrote: »

Surely the o.p. doesn't want to be exchanging before trying to make changes does he? Because by then he will be legally bound with less room for discussion.

Well no, that would be a bad idea as the change as already happened. If the change of the design happened after exchange and you weren't informed then you'd be in a better position. The OP is aware of this now so I think exchanging anyway would be foolish unless you are accepting the changes.

Any negotiations should take place now before you exchange contracts.

Good luck!

Leo2020

My husband was the one that started the thread that is linked to by MamaMoo. If you haven't read it already I suggest you do.

We were missing 4 windows. We reserved the right hand side version of a house called a Loxley through Keepmoat. Except the one we reserved was built the other way round (built the same way round as the left hand version) - so instead of the stairs being on the inside wall and the bathroom on the outside wall it was built with the stairs on the outside wall and an internal bathroom.

When we complained we were blamed for the mis-selling. They said it was our fault because had chosen not to do a plot schedule - the bit where you go through all the plans. We hadn't even heard of a plot schedule until we found our the house was built the other way round and complained. They had forgotten to do it and we didn't know we had to do one.

The also said it was our fault because we should have known we were getting the left hand version of the house. Their logic being that the picture on the brochure shows the left hand version, therefore we should have known that the house would be the left hand side version even though it was on the right.

The staff involved became very aggressive. One person in particular talked to us like we were crap on their shoe.

Eventually a manager higher up got involved. She offered to refund our kitchen upgrade (£550) and to fit a solartube in the bathroom. Later she denied ever offering to fit a solartube. There is more to the story but it is on the other thread.

4 missing windows equals £550 to one house builder. So I wouldn't get your hopes up.

And to add the house was always meant to be that way round, they just chose not to tell us.

MobileSaver

gemmypaddy wrote: »

Should I contact our solicitor about this? He is recommended by the builder and has been involved in nearly all house purchases on the development, so could potentially be a good bridge between us and the builder?

Sadly I suspect the opposite and my heart sinks when I hear someone is not using their own impartial solicitor who only has your best interests at heart.

If the solicitor is being recommended by the builder then he is unlikely to want to ruffle too many feathers and potentially ruin his cosy and presumably lucrative relationship with the builder.

gemmypaddy

Leo2020 wrote: »

My husband was the one that started the thread that is linked to by MamaMoo. If you haven't read it already I suggest you do.

We were missing 4 windows. We reserved the right hand side version of a house called a Loxley through Keepmoat. Except the one we reserved was built the other way round (built the same way round as the left hand version) - so instead of the stairs being on the inside wall and the bathroom on the outside wall it was built with the stairs on the outside wall and an internal bathroom.

When we complained we were blamed for the mis-selling. They said it was our fault because had chosen not to do a plot schedule - the bit where you go through all the plans. We hadn't even heard of a plot schedule until we found our the house was built the other way round and complained. They had forgotten to do it and we didn't know we had to do one.

The also said it was our fault because we should have known we were getting the left hand version of the house. Their logic being that the picture on the brochure shows the left hand version, therefore we should have known that the house would be the left hand side version even though it was on the right.

The staff involved became very aggressive. One person in particular talked to us like we were crap on their shoe.

Eventually a manager higher up got involved. She offered to refund our kitchen upgrade (£550) and to fit a solartube in the bathroom. Later she denied ever offering to fit a solartube. There is more to the story but it is on the other thread.

4 missing windows equals £550 to one house builder. So I wouldn't get your hopes up.

And to add the house was always meant to be that way round, they just chose not to tell us.

Hi,

Yes, I had a good read of that thread, it certainly seems like your situation was a bit of a nightmare.

The difference here I believe, is we have done a plot schedule (although I didn't know it was called that) and have copies of the plans, all showing a window.

I believe it is a genuine error on their part and hope that they are a lot more reasonable than your builder.

Their sales office is shut for the next week, but I will try and update here when I get to speak to someone.

gemmypaddy

MobileSaver wrote: »

Sadly I suspect the opposite and my heart sinks when I hear someone is not using their own impartial solicitor who only has your best interests at heart.

If the solicitor is being recommended by the builder then he is unlikely to want to ruffle too many feathers and potentially ruin his cosy and presumably lucrative relationship with the builder.

I would agree normally, but my parents used the same solicitor around 1 year ago and he actually helped resolve a situation that nearly caused the chain to collapse, resulting in the builder refunding £1,000 that my parents didn't hold out much hope for.

I do take your point though and I don't think I will involve him at this stage, but if I do I will think carefully regarding how I approach the situation.

Thanks

robatwork

gemmypaddy wrote: »

I just hope they are reasonable about it. It may not be a big thing to them, but a window in the hallway is all my wife kept going on about at the top of her wishlist for a house and now the house we are buying turns out to be the only one of it's type without one!!!

OK - firstly that would be a strange thing to me to be top of a wishlist, but each to their own.

If it really is top of her list then will she really be happy in this house or will it get on her nerves every time she goes up the stairs?

I think she has to decide that before you proceed, even if they give you £5k (which they won't) there still won't be a window there.

DaftyDuck

gemmypaddy wrote: »

.... but a window in the hallway is all my wife kept going on about at the top of her wishlist for a house ...

It really does sound like an odd feature to have at the top of a wishlist.... could you change your wife for another and keep the house?



More seriously, whatever the reason for it being at the top of a wishlist, that's where it was. Unlike a feature-lacking room, a hall can't be shut from view, and altering it may be difficult. Unless there's an easy rectification (see HERE for some images of light tunnels - they can be very effective & dramatic), I might well be minded to pull out.

Or swap the wife.... that does remain an option......