Incentive Removed after reservation

paul101chich

HI,

The developer I am buying from (a smaller higher end one), called me today to say that one of the incentives I received (that i used as a deal maker for me) is now not possible due to build stage.

I'm quite annoyed at this as it was the main incentive I wanted. It's contractual and forms part of my offer - i have it in writing etc etc. Should I be concerned that they are being poor so early on?

Thanks

Elfbert

What have they proposed to do about it? Have they offered an alternative? Do you believe them that it's now impossible to provide the incentive due to build stage?

At what stage of the build were you offered the incentive, and at that point, was it early enough in the build to include it?

What is the incentive ?

kinger101

Could you write out the bit from your contract?

eddddy

paul101chich wrote: »

It's contractual and forms part of my offer - i have it in writing etc etc.

Unfortunately, it's probably not contractual.

Your offer is probably 'subject to contract'.

In fact, I believe that even if you've exchanged contracts, a 'typical' sale contract for a newbuild allows the builder to make changes. But if the changes are significant, you can end the contract and get your deposit back.


So getting an alternative incentive is down to negotiation / goodwill.

If the houses are selling fast, negotiation might be harder. If the houses are selling slowly, negotiation might be easier.

paul101chich

it's not impossible it's lazy.

They would have to do a bit of extra work to include the incentive.

I'll see what they come back with.

martinsurrey

AFF8879 wrote: »

What is the incentive? Is their explanation plausible? If it's a physical incentive (furniture, fittings etc) can they make it up financially?

looking in my crystal ball its be something a bit more inbuilt, like additional wiring for sound, or entertainment, or plugs, or the likes.

Once they've first fixed and dry lined, they are not going to change any of them.

MyOnlyPost

If it's in writing and has been agreed then it should be deemed to be a condition of offer. Failure to deliver should be seen as good enough reason to withdraw from the sale without penalty. I would recommend speaking with your conveyancer to negotiate.

In a similar situation when an estate agent didn't follow through on a particulr of sale I had agreed with them my coveyancer got me £1,000 knocked off the purchase price of the house from the vendor (because of the agents mistake) and at no cost above his agreed fees