We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Am I Entitled to Compensation for New Build House

1246789

Comments

  • Basically when I agreed to purchase this house I already had a early bird reservation on another house with Persimmon homes. As I decided to take the TW house it meant I lost my early saver deposit with Persimmon. Now if I leave the TW not only have I lost out on two houses but also I have paid legal fees and my mortgage fees. So to put simply TW just giving me my money back would cause me inconvenience and I would be out of pocket regarding fees I have already paid.

    This is why I still want the house even though it's been mid sold to me a sweetener of flooring would be the least they could do. What do you think?
  • lush_walrus
    lush_walrus Posts: 1,975 Forumite
    marksoton wrote: »
    Agreed.

    But by viewing FC and ASB's you at least potentially have some recourse.

    As to your latter point i completely disagree. They or their representation should absolutely be able to. How else would they question any discrepancy?

    First people are interested from marketing plans, that's to show type. Then as it progresses conveyancing plans or plan showing ownership in red line are provided to both solicitors And the purchaser to understand what is actually going to be owned by the person and if leasehold whether the doors and windows are within the maintenance of which. Marketing plans are never accurate and always have disclaimers of 10 percent margins. The reason is most are marketed and sold before built or the architect has even progressed to BC sign of. Whether a wall thickness was built as 315 or 325mm is of little consequence to anyone buying a house. Only warrantee needs to know that info if a claim is made.
  • hcb42
    hcb42 Posts: 5,962 Forumite
    you have exchanged, your costs are much more than legal fees and mortgage fees...has your solicitor not explained this?

    What is the issue with the reversal?
    Basically when I agreed to purchase this house I already had a early bird reservation on another house with Persimmon homes. As I decided to take the TW house it meant I lost my early saver deposit with Persimmon. Now if I leave the TW not only have I lost out on two houses but also I have paid legal fees and my mortgage fees. So to put simply TW just giving me my money back would cause me inconvenience and I would be out of pocket regarding fees I have already paid.

    This is why I still want the house even though it's been mid sold to me a sweetener of flooring would be the least they could do. What do you think?
  • marksoton
    marksoton Posts: 17,516 Forumite
    First people are interested from marketing plans, that's to show type. Then as it progresses conveyancing plans or plan showing ownership in red line are provided to both solicitors And the purchaser to understand what is actually going to be owned by the person and if leasehold whether the doors and windows are within the maintenance of which. Marketing plans are never accurate and always have disclaimers of 10 percent margins. The reason is most are marketed and sold before built or the architect has even progressed to BC sign of. Whether a wall thickness was built as 315 or 325mm is of little consequence to anyone buying a house. Only warrantee needs to know that info if a claim is made.

    Then a new build purchaser is a foolish purchaser...
  • Tygermoth
    Tygermoth Posts: 1,413 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    BTW our planning portal on the local councils site shows my plot as being entirely different to the sales suites details (and a lot better - it has extra windows and a juliet balcony)

    so i wait with bated breath to see what i end up with
    Please note I have a cognitive disability - as such my wording can be a bit off, muddled, misspelt or in some cases i can miss out some words totally...
  • Leo2020
    Leo2020 Posts: 910 Forumite
    Try finding out that your layout as been swapped and your now missing 4 windows including the bathroom one because the bathroom is now internal.

    We hadn't exchanged at the point. It is a very long story which I won't bore you with. However, I understand your anger, you think you are buying one thing and your not.

    Now with Keepmoat (this was who were were buying from) they said that before exchange you must view the full plans and sign these off. This was there excuse as to why they hadn't told us because although we had reserved we had not exchanged. However, from my understanding of the law it could be classed as miss-selling. Also most big builders have to follow the Consumer Code for Home Builders.

    From their site, http://consumercodeforhomebuilders.com/

    "What is covered by the Code?
    The Code covers every stage of the home-buying purchase – pre-purchase ,pre-contract, exchange of contract and during occupation.

    Pre-purchase

    Home buyers must be given enough information to help them make an informed decision about the purchase of a new home. This must include:
    - a written reservation agreement – including the reservation fee, what is being sold, the purchase price and how long the price remains valid
    - an explanation of the insurance-backed home warranty cover
    - if the home is not yet complete (for example when buying off-plan) buyers will be provided with a brochure or plan showing the layout, appearance and plot position of the home, a list of the home’s contents and standards to which the home is being built
    - a description of any management services that the buyer must pay for and an estimate of their cost"

    I think showing you a reversed layout at reservation could be classed as a fail under the code. In my eyes it is 100% a fail but I know that that the NHBC, etc. back up their builders most of the time so I wouldn't guarantee it would be classed as breaking the code.

    However, by not showing you at all I think that the housebuilder has made a right !!!! up. Possibly also your solicitor has by not querying why you hadn't signed off the plans (not sure if they would know but if they should have then they should have queried this).

    For all you know you could have been purchasing a different house style altogether. The housebuilder should have shown you the plot specific plans before exchange.
  • mark5
    mark5 Posts: 1,365 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Its not like the house is facing a different direction it just means the left side layout is where the right is and vice versa, when we bought our new build, the site plan showed which way the houses would be set up, it was roughly a 50/50 thing through the street.

    They usually do it to your advantage with what works best for the plot.

    What does the site plan show?
  • The OP has already said the lounge window is now looking out at a wall. I'd be rather upset too.
  • Jon_B_2
    Jon_B_2 Posts: 832 Forumite
    500 Posts
    Actually thinking about it. At reservation you sign specifically saying you have reviewed a plan. Did you sign this?
  • Hi everyone thanks again for your input. Yes at reservation I did sign to say I viewed the plans however the plans I viewed were as per my expectations hence I signed the reservation form. At no point (even in my options meetings) was I advised the plans they showed me specific to my plot at reservation would be different ie opposite. If this was the case what was the point in showing me plans at the reservation as they are different to what I would be getting? Surly if the house was going to be built in an opposite mirror then I should have been shown those specific plans.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352.2K Banking & Borrowing
  • 253.6K Reduce Debt & Boost Income
  • 454.3K Spending & Discounts
  • 245.3K Work, Benefits & Business
  • 601K Mortgages, Homes & Bills
  • 177.5K Life & Family
  • 259.1K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.