Mis sold property where do I stand?

Nikstar07

Hello,

Myself and my partner purchased a new build home from Persimmon Homes 8 months ago and were told that there would be no more building by our quiet little cul-de-sac and no HA around us as this was all covered by the over 50's complex being built at the entrance to the estate. We have now received a letter from Taylor Wimpy explaining that they will be building 165 new homes in the field right next to us and not only that buy 22% will be HA and the entrance to this new estate will be on our road.
Not only will this create constant noise and mess for years but we will have 300+ extra cars all trying to scramble out of our new build estate that has literally just been finished.

I wanted some advice on where myself and my neighbors stand as we have all discussed the matter and no one was aware that this was happening and feel that they were mis sold their properties.

Any advise would be appreciated.

theartfullodger

Were you told these things by email or in writing??

davidmcn

Did they have planning permission for this development at the time you bought?

mlz1413

Nikstar07 wrote: »

Hello,

Myself and my partner purchased a new build home from Persimmon Homes 8 months ago and were told that there would be no more building by our quiet little cul-de-sac and no HA around us as this was all covered by the over 50's complex being built at the entrance to the estate. We have now received a letter from Taylor Wimpy explaining that they will be building 165 new homes

Any advise would be appreciated.

Did PH say 'they were not building any more' or 'no more building'?
if the first statement they haven't mis-sold, if the second then it may have been true at the time of the conversion.

As Artful has asked do you have anything in writing and what is the exact wording.

ReadingTim

If you and your neighbours didn't know, how might Persimmon be supposed to know, especially as it concerns the activities of their competitors, Taylor Wimpey? Should they be psychic, or merely capable of time travel?

The question is therefore when the decision was made (ie planning permission applied for/granted) for this future development that you're so up in arms about.

If it was made after you bought the place, then it's hardly Persimmon's fault, as they couldn't have know about something which hadn't yet happened. In fact it's your fault, as you clearly didn't read those planning notices taped to lamp posts, telephone poles etc.

If the decision was made or pending before or during the time your bought the place, then this is what you pay your solicitors for when you ask them to do searches. You did do these right, and read the results...? So, again, not Persimmon's fault, but yours.

As to advice, suggest you research the meaning of the phrase "caveat emptor", as it's no more been mis-sold that it's been mis-bought.

davidmcn

And realistically, what did you all think was going to happen to the field next to your newly built houses?

lewishardwick

Shouldn't the searches carried out by the solicitor have shown any planned further building works?

csgohan4

Compo Compo compo

mlz1413

lewishardwick wrote: »

Shouldn't the searches carried out by the solicitor have shown any planned further building works?

I had something similar happen to me back in the 90's and the solicitor said it wasn't an adjoining plot to my house therefore a search would not pick it up, this may have changed over time.

But for future you can ask any question you want when the searches are begin done, so you could ask 'who owns the field to the east of my flat' or 'what businesses are there in a 50m radius'

lewishardwick

mlz1413 wrote: »

I had something similar happen to me back in the 90's and the solicitor said it wasn't an adjoining plot to my house therefore a search would not pick it up, this may have changed over time.

But for future you can ask any question you want when the searches are begin done, so you could ask 'who owns the field to the east of my flat' or 'what businesses are there in a 50m radius'

The lesson then, perhaps, is to not assume anything!

moneyistooshorttomention

I'm guessing when you say you were "told" - you mean told verbally by a Persimmon salesperson?

and/or the wording used by Persimmon was "WE won't be building any further here" (adding behind the back of their hand "....but we didn't say anything about OTHER builders though").

So - yes it does sound as if you were conned by Persimmon - but they've probably been very careful to do so in a way that they've covered their backs against new owners on their estate having any comeback at them for doing so.