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New Build - Can Developer retain Upgrades

We received an offer on our house and the buyer provided details of their mortgage off so offer went to look at a new build and paid £250 reservation fee. We went through all the particulars on the new build, chose colours and paid £3,500.00 for upgrades, particularly in the Kitchen. Now at an advanced stage our buyer has pulled out. This leaves us unable to complete in Jan unless we find a new buyer. The developer is obviously cheesed off. I believe they are desperately seeking a new buyer and will cancel the sale with us as soon as they find one. We'll get our £250 back but the £3.5K is non returnable. However, those upgrades also consist of 3 kitchen appliances. In my view these appliances belong to us bought and paid for. The sales agent says this is not the case. Can anyone advise on the legality of this.

Comments

  • lee111s
    lee111s Posts: 2,987 Forumite
    Eighth Anniversary 1,000 Posts Combo Breaker
    Speak to your solicitor.
  • Lloyd90
    Lloyd90 Posts: 112 Forumite
    Seventh Anniversary 10 Posts Combo Breaker
    Speak to your solicitor and go through the contract in fine detail!
  • As someone looking at new builds and expecting to pay £10k in upgrades , you have made a good post as a warning to me.

    Be interested what the outcome will be.
  • Just curious - Who is the developer ?
    We are looking at Barrats and everything seems to be an extra.
  • teddysmum
    teddysmum Posts: 9,533 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    It's understandable if special flooring or tiles have been chosen, as another buyer may not be willing to pay the extra for the upgrade. However, removable appliances are not such a problem, as the builder can easily remove and replace those, but a charge for the work involved would be fair.


    Builders tend to significantly overcharge for electrical appliances, anyway.
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Have you exchanged contracts? As you saying completion is next month.
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