RedRow Misrepresentation on Offplan purchase

CraigT32

Help!!

I exchanged on an offplan flat with RedRow who promised a 30'X40' garden on their marketing material. After looking at the dimensions of my neighbours, realised it was actually a 40'X8' terrace! so essentially a third of what was promised in the brochure.

Obviously a BIG case of misrepresentation. When I took this to RedRow, they have offered to rescind the contract and pay my legal/valuation fees or a compensation of £5k. Thats a pittance for selling me something that never existed!!

Could someone pls advise on what options I have? The property isnt yet complete but I want to know if anyone has faced something like this and what my options are? London's market has obviously moved on in the last 3 months and reimbursing me my legal fees is a joke since they expect to sell that flat at a higher price to the next gullible fella and turn this into a sweet deal for themselves!

marksoton

What has your solicitor said? They should be your first point of call.

Thrugelmir

CraigT32 wrote: »

London's market has obviously moved on in the last 3 months and reimbursing me my legal fees is a joke since they expect to sell that flat at a higher price to the next gullible fella and turn this into a sweet deal for themselves!

You cannot have your cake and eat it. Either accept their offer or complete on the property. Then sell it. This way you pocket the gain.

Was the marketing material qualified in any way?

CraigT32

In an offplan purchase of a property that isnt ready yet, you put your trust in the marketing collateral. I have exchanged now n obviously unhappy that they got their facts wrong. My only point is that offer of £5k for selling me something that never existed doesnt seem right does it? It is materially different from what was marketed. Ends up being less than a third f what was promised.

tomtontom

What would you like them to do? Have you asked for an explanation of their error?

PasturesNew

The marketing material is prepared months ahead of the first hole being dug. A buyer needs to make sure, as the build progresses and before exchange, that they're buying what they thought they were buying.

While there's a huge difference between a 30x40 garden - and just an 8' patio - did you not visit at any time and look and think "That doesn't look right at all!" and collar anybody you could find?

tomtontom

PasturesNew wrote: »

The marketing material is prepared months ahead of the first hole being dug. A buyer needs to make sure, as the build progresses and before exchange, that they're buying what they thought they were buying.

While there's a huge difference between a 30x40 garden - and just an 8' patio - did you not visit at any time and look and think "That doesn't look right at all!" and collar anybody you could find?

Looking at the website I find it difficult to imagine anyone would expect a garden of that size. OP did you not query this at any point?

AdrianC

PasturesNew wrote: »

While there's a huge difference between a 30x40 garden - and just an 8' patio - did you not visit at any time and look and think "That doesn't look right at all!" and collar anybody you could find?

Exactly that.

Did the plans for the site not show the size and shape of the garden, or have they built something very different to the plans?

CraigT32

Thanks all. The plans were misleading. The construction site is scaffolded and cordoned off so despite asking the site manager to show me my flat twice i was told 'its dangerous'. To their credit they have reluctantly admitted it and offered to rescind the contract but that is onviously not the best outcome for me. The only solution is agreeing a reasonable compensation for the unnecessary ordeal or taking the legal route. Misrepresentation act is a statute so taken seriously in these parts i hope. Fingers crossed

AdrianC

CraigT32 wrote: »

they have ... admitted it and offered to rescind the contract but that is onviously not the best outcome for me.

So what DO you want? They can't just magic 22' of garden from nowhere, and the land that you THOUGHT was going to be yours is now included in other plots - it's not just sitting spare in a warehouse somewhere.

Seems to me that rescinding the contract and refunding in full is the only sensible way out of this. It's not as if this is the only newbuild flat on the face of the earth.

tomtontom

Not really an "ordeal" is it?

You've still not said what you want from them. I'm still not convinced you shouldn't have been aware it was an obvious error - did you really expect a garden bigger than the flat itself?