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Exchange of contracts on a new build property and part exchange nighmare
Gracie1234
Posts: 6 Forumite
Hi I was wondering if someone could give me some advice to an exchange of contracts nightmare that has left me and my husband really upset.
We had been looking forward to purchase a new build property and part exchange our own through the same company. We had a 35 day exchangment time for us to secure the mortgage and other paperwork, that was completed before the 35 days. Then after the 35 days had gone we became concerned as we hadn't heard anything. We addressed our concerns to the property developer sales office. They said not to worry, if we are holding you up and asking for documentation then it's our fault. They then asked for additional information and documents outside of the 35 days which they had requested. We kindly obliged to any other documentation and kept going to the sales office asking for updates. We openly discussed that we were concerned it is after the 35 days. The property developer told us not to worry. They kept telling us that we were proactive and in a good position.
Fast forward to this Wednesday afternoon .We get a call telling us that exchange of contacts is on Friday... A little short notice, nothing in writing but great! Then at 4.45pm they make a change to ask for an extra £200 of our part exchange. Before we have a chance to react the offices have closed. So we didn't exchange.
We went back to the sales office on Saturday expecting some help. Initially we were told don't worry, I'm sure they don't want a sale to fall through. The sales associate speaks to someone at the head office, and find out the papers have been returned and exchange is unlikely to take place. Over £200!!!
:(
We are rather upset in this because the journey hasn't been plain scaling on their behalf. Pre reservation meetings got cancelled, then we did a pre reservation meeting after we signed 35 day contract reserving the property, sales staff have been at a high turn over. We have left various voicemails and phone calls, never to be returned.We have been patient dealing with all of their mistakes, then this.
I want to know what rights we have, after they have messed us around and whether they can do this last minute change 15 minutes before close of contracts at 5pm. It seems underhanded to us. and we have proof that they did things to suit themselves outside of the 35 days , we have also have a lot of bad management and organisation issues. We have kept on asking for the plot meeting that were cancelled, they have not been in contact due to staff going on holiday, sales office being closed when it states on their signage and websites the dates,the staff who have been dealing with this on holiday, changeover of staffing.
Also does anyone know whether there is an ombudsman that can listen to our case as the property developers have been unfair.
Please can someone help us. We will be discussing with our solicitor on Monday but I want to find out from this forum if this is a regular occurrence and whether we have any rights from the property developer, as they have dis guarded their own dates and made unrealistic expectations -15 minute before contracts were exchanged. Plus they haven't managed us particularly well with their sales team and the challenges they had faced staffing etc which has directly affected our exchange.
Please help
Thank you:(
We had been looking forward to purchase a new build property and part exchange our own through the same company. We had a 35 day exchangment time for us to secure the mortgage and other paperwork, that was completed before the 35 days. Then after the 35 days had gone we became concerned as we hadn't heard anything. We addressed our concerns to the property developer sales office. They said not to worry, if we are holding you up and asking for documentation then it's our fault. They then asked for additional information and documents outside of the 35 days which they had requested. We kindly obliged to any other documentation and kept going to the sales office asking for updates. We openly discussed that we were concerned it is after the 35 days. The property developer told us not to worry. They kept telling us that we were proactive and in a good position.
Fast forward to this Wednesday afternoon .We get a call telling us that exchange of contacts is on Friday... A little short notice, nothing in writing but great! Then at 4.45pm they make a change to ask for an extra £200 of our part exchange. Before we have a chance to react the offices have closed. So we didn't exchange.
We went back to the sales office on Saturday expecting some help. Initially we were told don't worry, I'm sure they don't want a sale to fall through. The sales associate speaks to someone at the head office, and find out the papers have been returned and exchange is unlikely to take place. Over £200!!!
:(We are rather upset in this because the journey hasn't been plain scaling on their behalf. Pre reservation meetings got cancelled, then we did a pre reservation meeting after we signed 35 day contract reserving the property, sales staff have been at a high turn over. We have left various voicemails and phone calls, never to be returned.We have been patient dealing with all of their mistakes, then this.
I want to know what rights we have, after they have messed us around and whether they can do this last minute change 15 minutes before close of contracts at 5pm. It seems underhanded to us. and we have proof that they did things to suit themselves outside of the 35 days , we have also have a lot of bad management and organisation issues. We have kept on asking for the plot meeting that were cancelled, they have not been in contact due to staff going on holiday, sales office being closed when it states on their signage and websites the dates,the staff who have been dealing with this on holiday, changeover of staffing.
Also does anyone know whether there is an ombudsman that can listen to our case as the property developers have been unfair.
Please can someone help us. We will be discussing with our solicitor on Monday but I want to find out from this forum if this is a regular occurrence and whether we have any rights from the property developer, as they have dis guarded their own dates and made unrealistic expectations -15 minute before contracts were exchanged. Plus they haven't managed us particularly well with their sales team and the challenges they had faced staffing etc which has directly affected our exchange.
Please help
Thank you
:( 0
Comments
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The same as any transaction, there is no legal comeback until contracts are exchanged.
So it will be down to negotiation and/or complaint. Suggest you plan to camp out at their sales office on Monday morning and escalate the complaint until it gets sorted.
Did they say what the £200 was for? Was it a change on their part or something they noticed missing last minute that you should have paid earlier?0 -
It was for the flat - they requested £200 incase in the next year the maintenance fees change- a safety net for them, however the projection states that the states management account is in a substantial surplus. So not likely to happen in the next couple of years.0
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I wondered if their was any financial ombudsman that I could report this to. 15 min before close of deal and when we tried to contact they were unavailable.0
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In summary they changed the deal to suit themselves. They didn't hold their end of the bargain and changed things at the last min making it look like we didn't act upon it.0
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Gracie1234 wrote: »I wondered if their was any financial ombudsman that I could report this to. 15 min before close of deal and when we tried to contact they were unavailable.
http://consumercodeforhomebuilders.com/0 -
Thanks anselld X
I was wondering if it has happened to anyone else and how they acted upon this situation or similar situations?0
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