Should we pay or not?

bibbity_2

We are in the process of buying a new build from a small local developer (there are just 2 identical houses on the plot.) The house was advertised as allowing the buyer input on the choice of kitchen, tiles etc and that really appealed to us. The vendor accepted our 97% of asking price offer and as both houses had been on the market for over 12 months, we felt they had got a good deal. On accepting our offer, the vendor stipulated we must pay a £5000 non refundable deposit that would cover as security for them ordering a kitchen of our choice if we were to pull out. We weren't thrilled with this but did pay it. We duly picked our chosen kitchen (which had to be from the shop they specified) & were told by the kitchen designer that although we had changed the design a little bit from the original plan, the price difference was negligible and should be covered by the vendors budget. Now the vendor has emailed to say the changes equate to £1100 and we need to pay this before the kitchen is ordered. We feel this isn't right, we've paid a £5000 deposit already, the kitchen supplier told us there shouldn't be much, if any, price difference and we made a fair offer to the vendor in the first place. The vendor is refusing to budge. Do we walk away and lose our £5000 deposit or do we suck it up and pay the extra?

david1951

You said the £5000 was a deposit, which seems to suggest that it is a starting point for the new kitchen, rather than allowing you to purchase any kitchen you want.

This seems like the kitchen designers fault for assuming that the vendor would cover the £1100, when obviously they don't want to. Have you confirmed with the designer that the changes amount to an extra £1100?

Alter_ego

Surely the price of kitchen is part of the total you are paying for the house? £5k is just a surety to ensure you don't change your mind. If i'm right you won't be paying any more overall whenever you pay.

Hutch100uk

It sounds more like you have chosen elements of the kitchen that are considered 'upgrades' so don't come as standard and not included in the price.

If you were to pull out of the purchase, you should be entitled to get some of that £5k back. We put down a reservation fee (£500) on a new build but would get £250 back if we change our minds.

The house has been on for 12 months so you are in the driving seat. Check your contract and if you can get some of the £5k back, threaten to back out of the purchase.