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Help...Home Build Dilemma

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Comments

  • anton66
    anton66 Posts: 9 Forumite
    Hi ManofLeaisure,
    I chose the solicitor (Bannister Preston) who Barratts recommended, it felt like the right choice at the time, but a couple months after reading information online, it is known not to be such a good idea as it is believed the developer and the solicitor work in cahoots with each other and I have had evidence of his during my time with them.
    I do not entirely trust the solicitors.
    I will be speaking to another independant solicitor hoping they might be able to provide me with more information as to which avenues I can take and if its worth me changing solicitors based on that information.
  • anton66
    anton66 Posts: 9 Forumite
    Sorry to hear about your story Tygermoth, it sounds like you made the right decision in the end.
    I'm still very much at the crossroads, I dont feel ready to make a decision until I have covered all avenues, if there are any....
  • visidigi
    visidigi Posts: 6,629 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    You havent exchanged contracts. The designs were given to your solicitor. Your solicitor chose not to furnish you with the updated information. It is them you should first discuss your options with.

    Asking another will cost you. Just bear that in mind.

    You might get a reduction in the extras bill, unlikely to get a house price reduction. You might also be told 'here's your deposit...'
  • LittleMax
    LittleMax Posts: 1,408 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    A friend of mine is in dispute with Barratts over the siting of the garden fence. Barratts reckon they have put the fence and alleyways between the gardens in the wrong place and want to move them 2 foot into her garden. They have been in the house 4 months!
  • anton66
    anton66 Posts: 9 Forumite
    Thanks for your response visidgi.
    Everything you said is pretty much bang on, theres no joy from my solicitor as they forwarded copy of contract detailing the terms & conditions, which I have not seen until now.
    It notes that 'it is normal practice for developers to include in any Contract a right to vary boundaries and indeed materials and design specifications dependent upon circumstances at any given time. However there is normally a provision that any such variation would not be significant or materially affect the design construction or value. If there is any such significant variation then there is normally a right to cancel the Contract'.
    My solicitor says, Obviously at the moment you have not entered into any Contract at all other than paying the initial reservation fee. Until Contracts are exchanged then variations may be made because of course you are perfectly entitled to decide not to proceed with the purchase. It would then depend upon the terms of your reservation agreement as to whether you would be able to recover all or part of the reservation fee but normally you would be able to recover all of it if there was a material and significant alteration from that which you originally expected to receive.

    I am currently waiting for a response from Barratts solicitors for their comments regarding this matter.
  • anton66
    anton66 Posts: 9 Forumite
    Ouch.......thats pretty awful LittleMax to think that even after contracts are signed and sealed and 4months settling into their new life, they are thrown this terrible bombshell.......I just dont understand how this can be legal. Fingers crossed the swines back off....
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