changing spec in new build house

kizzyk

I'm hoping someone can give me some advice. I have reserved a new house with Jones Homes and have paid a reservation fee. When I reserved the plot I was informed that the house would have a heat recovery system (Nu Air) which would help to heat the home and reduce energy bills. I have now been informed that the heat recovery system will not be fitted.
Jones Homes have offered me £500 off the house price at completion. The house is only built to floor level at the moment.
I have done some investigating and the cost of the heat recovery system and potential labour totals £3000 and now the house now only needs additional fans and trickle vents in the window which would cost approx. £500.
I have told the Sales lady that I am not willing to accept the £500 and would like the difference between the two costs in extra's. She has told me to put it in writing but said it is un likely they will accept it as according to my contract they can change the spec at any time. My point is that I haven't signed a contract I have only signed a reservation fee agreement and surely replacing £3000 worth of work and replacing it with £500 isn't just a spec change. Can they do this?

AdrianC

kizzyk wrote: »

She has told me to put it in writing but said it is un likely they will accept it as according to my contract they can change the spec at any time. My point is that I haven't signed a contract I have only signed a reservation fee agreement and surely replacing £3000 worth of work and replacing it with £500 isn't just a spec change. Can they do this?

You and they have both agreed to a contract, with the payment of your reservation fee, whether you realise it or not. You need to read that contract. That will tell you whether they can "do it" or not, and tell you what your options are in return. But, yes, it IS a change in specification of the house.

Retro-fitting anything to a property will almost always be more expensive than building it in, especially if there's some technical reason why it can't be incorporated easily. Have they explained why the system won't/"can't" be fitted?

kizzyk

thanks for the reply, the reason they are not fitting the system is because they have had a lot of problems with it and keep having to pay out for repairs. The reservation agreement I have doesn't mention anything about spec's but I have a copy of the reservation checklist which is just a tick list that they have told me about all the spec's of the house

AdrianC

Sounds like they're doing you a favour, tbh, by omitting it.

dimbo61

Will the property have a new combi boiler ? Modern insulation ? Trickle vents in windows and extractor fans in bathrooms and kitchen ?
Lots of new owners have had problems with heat recovery systems.
What EPC rating will the house have ?
Some modern extractor fans run 24/7 and are very very quiet

kizzyk

to be honest I didn't want the heat recovery system anyway and was going to ask the builder to remove it once the build was at a certain level and replace with other extra's. The property will have a combi boiler and as there will no longer be the heat recovery system it will have to have extractor fans in kitchen and bathroom and trickle vents in the window. I'm not sure what the EPC rating is.


I'm concerned there trying to fob me off as I'm not convinced I've signed anything agreeing that they can change the spec whenever they like. We haven't exchanged contracts yet and the only fee I have paid is £250 to reserve the plot

AdrianC

So, basically, this whole thread is because the builders have deleted an unreliable extra that you didn't actually want - and you seem to want compo to the value of retro-fitting it...?

Whatever.

kizzyk

the point of the tread is that they are changing the spec of the house after a price for it has been agreed. whether the equipment is faulty doesn't matter

sammyjammy

Its simple they can pretty much do a they wish as far as the heat recovery system, you've only paid £250 reservation fee and they are offering £500 reduction, either take the deal or walk away.

[Deleted User]

You could ask them for something else instead. They are more likely to go for that than cash. Maybe solar PV or solar thermal. Keep your energy bills low.

eddddy

kizzyk wrote: »

... as I'm not convinced I've signed anything agreeing that they can change the spec whenever they like...

kizzyk wrote: »

...
I have told the Sales lady .... She has told me to put it in writing but said it is un likely they will accept it as according to my contract they can change the spec at any time. My point is that I haven't signed a contract I have only signed a reservation fee agreement and surely replacing £3000 worth of work and replacing it with £500 isn't just a spec change. Can they do this?

Hi kizzyk

You probably need to start by looking at the reservation fee agreement you signed to see what it says.

(If it says something like "I agree to the terms and conditions..." you need to then check whether you were given those t&cs, and if so, what they say.)


But realistically, I think it will boil down to who is in the better negotiating position (and who is the better negotiator).

If they have a queue of people ready to take your place, if pushed, I guess they would just refund your £250 and go to the next person.

If the market is quieter, and they don't have an alternative buyer, you may be able to negotiate a better deal.