New build not built to plan can I pull out of purchase???

ColinArmstrong

We are due to move in to a new build house on the 18th of December. We visited the house yesterday and the house has not been built to the plan we were shown. There is no driveway and there is no from garden. We need to wait until tomorrow to speak to our lawyers but wanted to know if anyone on here could tell us if we could pull out of the deal? We have already signed missives but they have changed the plan significantly and it is not what we paid for! Any advice would be appreciated.

martindow

I can't help I'm afraid, but wanted to point out that presumably this is in Scotland as you mention missives. You need replies from people familiar with Scottish law.

davidmcn

You (presumably) have a copy of the missives - what do they say about the design?

Even if there is a breach because it's not been built to the contractually-required specification, you're more likely to have to wait until they have a chance to put it right, rather than be able to walk away immediately.

ColinArmstrong

Yeah it is in Scotland but I think it would be the sane throughout the UK

ColinArmstrong

We viewed the house yesterday and it is now physically impossible for them to put the drive at the side of the house, like the plan shows.

There is a clause in the missives that says "where any change to the design, construction or materials to be used in the house would significantly and substantially alter it's size, appearance or value, the first party will notify the second party of such changes and seek the 2nd party's consent"

They did not seek our consent!

davidmcn

ColinArmstrong wrote: »

We viewed the house yesterday and it is now physically impossible for them to put the drive at the side of the house, like the plan shows.

There is a clause in the missives that says "where any change to the design, construction or materials to be used in the house would significantly and substantially alter it's size, appearance or value, the first party will notify the second party of such changes and seek the 2nd party's consent"

They did not seek our consent!

Does the design, as described in the missives, include reference to the driveway or front garden? (bearing in mind that you can only look at the missives, stuff you were told in the sales office doesn't count)

ColinArmstrong

There is no mention in the missives about the design at all. We do have a plan that shows the driveway and a front garden though.

I_have_spoken

Unless you are a cash buyer, against what design did the mortgagee agree a value? They may withdraw funding if the property is worth less or your LTV is now inadequate

One test is whether the builder has fundamentally breached the contract in which case you can walk away and sue for costs.

On the other hand, they may try and offer you the property at a reduced price as compensation

ColinArmstrong

Just had a look at the mortgage offer and it says a 3 bedroom detached house with garaging! There was never meant to be a garage so do you think that will mean it is null and void?

I_have_spoken

Now I think you're trolling. I'm out

ColinArmstrong

I'm not trolling?? Plan shows a driveway and front garden. To be honest I didn't look at the mortgage offer I just knew it had been accepted. I only double checked it when you suggested it and saw the mention of the garage.