New Build Dimension Misdescriptions

DaisyMay99

*EDIT: SHORT VERSION (followed by longer version).

We put an offer on a new build based on it being the same internal size as a previous plot we pulled out off.

We have now found out (tradesman told us) the master bedroom is 25% smaller in width than the sales sheets (and online listings and poster in the site office) says and 15% smaller in width than the last property.

We were told via email that the dimensions of the new plot would be the same as the old plot. I also suspect the master ensuite is significantly smaller on this new plot but dont have the dimensions yet.

I think this is misselling and I would like to renegotiate price.

Any advice on where I stand legally and if this is something trading standards, the property ombudsman and the papers would be interested in, would be greatly appreciated.*



Hello,

I am hoping for a bit of advice.

We were buying a new build and pulled out at the last minute due to issues with parking which only came to light with the neighbouring houses moved in. We decided to put in another offer on the same 'style' house on the same estate but on this plot there was no issues with parking, location and garden was better - happy days.

When we made the offer we we told that the dimensions of the house were the same as the previous plot, the only difference being the apex on the roof of the master bedroom, which actually made the space much more usable.

We were told this verbally several times and it was confirmed via email.

We have paid another val fee with the lender, and started another conveyance with the solicitor and paid for 50% of extras amounting to several hundreds of pounds.

When it came to having the reservation checklist meeting, where you would normally speak with the site manager and see plans, we were told we didn't need to as we'd gone through it on the last property - and the new one was exactly the same, and we were briefly shown the drawings to show us what part of the land we we own, no dimensions were discussed as, as far as I had been told they were the same as the floorplans/ showhome/ last property we were going to purchase.

I went to the build site this morning and was told by a tradesman that the dimensions of the master bedroom have changed. He believes by about 3 foot in width, and they is likely to be some pipe boxing in which further encroaches on the space.

When I called the site office they eventually said that he is correct the dimensions have changed (despite telling me they had not at every prior opportunity) but they don't know what they are and will have to send someone to the property and check and they will let me know.

They are still selling this style of house and on there website and marketing material it still states the old dimensions, not the new ones at over 3 foot smaller! It seems in fact that they are selling this new set of homes with no idea of the dimensions and providing people with inaccurate dimensions and showing them round the older style showhome with the larger master room.

I know developers put in all sorts of clauses trying to avoid responsibility for anything but surely this is totally illegal?

****
I have just got an email back from the site office confirming that the width of the master room is 25% smaller than the sales sheet and 15% smaller than the last plot we were going to buy (which we did look around and were happy with the size).

We were basically chastised for speaking to the tradesman and told that because the lost width was on the lower part of the apex (which was still high enough to put bed side draws) and the apex is now higher which means that we can get in and out of bed on that side more easily, so we should, in essence, put up and shut up.

Am I right to feel really aggrieved by this? I still feel though it's a loss of usable space and the square footage has been impacted. If my calculations are right the actual dimensions are 42 square foot different. Surely that has to impact value?!

I also believe the master ensuite is significantly smaller (I am guessing 1.5-2ft width) but the specs don't show dimensions and I did not measure the other plot we were going to buy (however I was told via email that all room dimensions on the new plot were the same as the old plot).

I want to know what sort of leverage I have to insist on renegotiation... Surely this is something trading standards, the property ombudsman and the papers would be interested in? Or am I just being a bit far fetched? The site office have so far totally brushed it off as an insignificance and have me questioning myself and wondering if I am just being pernickety?

We like the house and circumstances mean we are much better off buying a new build and I can't find anything else in the area I like which is why I am not just pulling out... yet!

Apologies for the long winded post and thank you for reading - any advice would be massively appreciated.

eddddy

Given that this sounds like a significant change to the spec - the most you can probably do is terminate the agreement and get your reservation fee/deposit back (without any deductions),

Obviously, you can try renegotiating on price - but I guess your success depends on factors like:

- Whether they believe you will walk away, if you don't get a price reduction.

- Whether they believe they could get a better price from another buyer.

DaisyMay99

Hi Eddddy, thanks for your reply.

I would like to renegotiate, but I think they would probably be able to get a higher price from another buyer.

I was sort of hoping, the fact we have this information that they are mis selling, that they would be more inclined to make sure we were happy, and so less likely to talk to anyone else about it? I guess I am talking about blackmail here!

lincroft1710

If the bedroom is now smaller, then either other rooms on the same floor are larger or rooms beneath the bedroom are also smaller

comeandgo

I don't think the developers care regarding bad press, it has never done Persimmons or TWimpey any harm and I don't think the reductions you mention are significant. You could try and get some extras but if the properties are still selling you don't have much in the way of "weight".
Also, if these rooms have reduced have any increased in size? I know that our en suite and walk in wardrobe is smaller than the drawings showed but the bedroom is bigger.

makeyourdaddyproud

Ultimately, you won't be happy with the reduced size (it will always annoy you) and hence the only solution in my opinion is to pull out and get your reservation fee back.

DaisyMay99

Hi Lincroft, the house is over '2.5 floors' so the master bedroom and ensuite are essentially attic rooms (though there is still some loft space).

I was under the impression that only the apex of the room had changed. But I think what they have done is move the internal walls in slightly, loosing much of the eves. So rather other rooms on the same floor being bigger, they are actually all smaller due to the build changes.

I don't believe the dimensions of the rooms on the floors below have changed but I have asked them to provide all the actual room dimensions.

DaisyMay99

Thanks comeandgo, I was thinking that this room dimension misdescription might actually be illegal rather than just bad press or customer service?

I really don't know the law or where I could find out. Would my solicitor know? I having spoken to them briefly and they have said without knowing all of the specifics it sounds like mis selling but I don't know what that means really.

As far as I am aware there is no increase in size elsewhere (apart from to head height).

lincroft1710

You may find that on the sales particulars it says "the builders reserve the right to alter specifications without notice"

visidigi

Just out of curiosity whats the developer? I hadn't thought about this as a new build is very standard - but I might have underestimated this based on what you're finding...

AdrianC

DaisyMay99 wrote: »

I would like to renegotiate, but I think they would probably be able to get a higher price from another buyer.

Which suggests that the value of the property has not been impacted at all.

If I read you right, the difference is at shoulder or head level, but the dimensions at floor level are unaffected? Floorplans usually show floor-level dimensions, but restricted-head-height areas are marked.