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Persimmons home refused to refund upgrade deposit on new homes

We had our property under offer to make the reservation last year.whilst doing so we were asked to choose the upgrades options and had to make a percentage payment. The reservation unfortunately didn't go through to exchange contracts as our then buyer was unable to sort out their mortgage so had to be pulled out. As we used Help to Buy, we were given the full reservation money but not the upgrade money (£1860). By this time we had paid for all the searches on that plot etc. We were told that as it was Christmas they will not sell the plot and wait for us to find another buyer which we got after 2 weeks. However our estate agent and the sales persons were already at loggerheads and Persimmons refused to accept the offer of our new buyer. The reason being our new buyer just been through a divorce and despite confirmation of the divorce being settled Persimmons sales refused to accept to take our reservation. Whilst we were arguing the case, they sold the Plot to someone else with our options in it. Now we were told we won't get this money back. We were never told of any terms and conditions of this and certainly no evidence of any documents for that. We have spoken to the sales manager, now going to write to the managing director of the region. Anything else we can do besides legal proceedings? :mad::mad:

Comments

  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Hard to disentangle the sequence of events, but it looks like you asked for, and paid a deposit on, upgrades, the upgrades were provided, but you then failed to buy the property.

    If so, seems reasonable that youose the deposit. But maybe I've misunderstood.
  • jbainbridge
    jbainbridge Posts: 2,024 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Has the house been built / upgrades installed?
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    zed475 wrote: »
    We were never told of any terms and conditions of this and certainly no evidence of any documents for that.
    You handed over the money with absolutely nothing in writing surrounding what the money was for?
  • Chanes
    Chanes Posts: 882 Forumite
    Ninth Anniversary 500 Posts Combo Breaker
    This is going to sound brutal but you may find it is cheaper to take the loss and move on than make a legal fight about something that there is no written arrangement in your favour (regarding the monies you chose to invest into the property when you were buying it) Good luck with this, a chat with a solicitor may give you an idea of the complications you are facing in a bid to recover that money.
  • csgohan4
    csgohan4 Posts: 10,600 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Photogenic
    Until you exchange, all costs unless covered by Terms and conditions/contract are at your cost
    "It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"

    G_M/ Bowlhead99 RIP
  • Marvel1
    Marvel1 Posts: 7,413 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Were the upgrades put in before you pulled out?
  • lee111s
    lee111s Posts: 2,987 Forumite
    Eighth Anniversary 1,000 Posts Combo Breaker
    cjdavies wrote: »
    Were the upgrades put in before you pulled out?


    Won't matter, they'll have likely been ordered in which case someone needs to foot the bill. The OP.
  • Sorry, it sounded complex the whole story, this is a new built property reserved from plans so all upgrades were made ahead of completion. We wanted to buy the property but the sales exec were not happy with our new buyer (you have to be under offer to make reservation) as a divorcee, so without consulting us they sold the plot knowing that we had already paid for partial upgrades.. we are still arguing the case at higher level.
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