Misled purchasing a new build home. Help please!

IllustriousMuz

I'm hoping someone might be able to help me with an issue we're now facing in the purchase of our new home.

My wife and I had found a lovely property at a new development that describes itself as "modern living in a rural environment". When we first visited the site, I asked the sales executive what connectivity was like for broadband and 4G since I am primarily a home worker; contracting to companies for software development and support. I rarely go to client sites unless asked. As you might imagine, good internet was essential.

I knew the area had fibre to the cabinet but stll wanted to get clarification. We were told that other residents were home workers and all had good internet. I did do a check on the broadband tool from Openreach and it said that there was no fibre provision; just 1.5Mbps at best. When I asked the sales manager what was happening on that she simply told me that it wasn't listed because it was a new development and told me again to not worry.

I have since given them close to £2000 in reservation fees and extra fees for upgraded carpets, flooring etc. I have paid my mortgage arrangement fees and the fees for the searches etc. I was called last week to say that my move in date would be the 22nd and exchange was taking place this week.

Wanting to get ahead of everything I called BT and requested to move my service from my current address to the new house. Turns out I've been lied to squarely by the sales manager. There's no fibre up there. I have since discovered a group on facebook of other residents of the development complaining about the lack of super fast internet and they have been battling for two years in some cases to get fibre provisions made on the site. The developer refuses to pay the confirmed £5500 for the update to the cabinet and for cabling and instead are asking residents to pay it. This is despite there being another 30 or so houses to be built on the site.

The head of the residents group has been enlightening. Apparently the developers know exactly the issues with broadband but lie to clients. Most have been in the position where they have already exchanged and cannot back out. I however could back out now but the developer is refusing to refund any of the money I've given them.

Would I be able to take them to court under the Misrepresentation Act?

I've bought a house with a DEDICATED Office/Study area that I can't actually work in. They're been aware for years about the broadband and refuse to do anything.

Where do I stand here?

Slithery

Have you got any proof of your discussions with the sales manager regarding the broadband?

TBagpuss

Do you have anything in writing either from you making it clear that fast broadband was of fundamental importance, or from them stating that it was available?

If not, then I suspect that your chances are slim-to-none, but you would need to take legal advice from someone with experience of Misrepresentation Act litigation to give you a better idea.

Wassa123

Park your car next to the sales office with a banner in the window saying they lied to the first round of purchasers and not to buy from them.

I'm sure that'll get them moving pretty sharpish!

davidmcn

IllustriousMuz wrote: »

The developer refuses to pay the confirmed £5500 for the update to the cabinet and for cabling and instead are asking residents to pay it. This is despite there being another 30 or so houses to be built on the site.

Surely it would be cheaper and more productive for you all to chip in then, rather than pursue probably fruitless legal action against the developer?

AdrianC

So you checked with Openreach, and were told there was no fibre. The house salesmuppet said "Pah, what do they know?", on the back of which you went ahead anyway, then you were surprised when Openreach - the only people who can tell you authoritatively - said "We told you so"?

Newbuilds quite often don't have full infrastructure from day 1, especially when other parts of the site are still under development.

So what's the 4G score? You did check that yourself, right?

moneyistooshorttomention

Wassa123 wrote: »

Park your car next to the sales office with a banner in the window saying they lied to the first round of purchasers and not to buy from them.

I'm sure that'll get them moving pretty sharpish!

Local newspaper reaches more people:)

Ozzuk

I'd be extremely annoyed but with such a large and important purchase you need to take responsibility for such a key requirement. As Adrian said, if BT told you no why would you believe a sales person?

I can't see how you'd win at court unless you have proof they lied, but in your position I'd be doing everything I can to get the money back. Write to head office, see if there are any governing bodies (unlikely though), try the press, facebook, twitter etc. Really bad practice from them.

hazyjo

If they're still selling houses on site, get someone to go in and feign interest - ask about the fibre broadband and get it in writing. Might help...

rtho782

This is par for the course with new builds, the broadband is always awful until/unless the developer pulls their finger out of their proverbial.

I'd go so far as to say, unless it's one of those specifically offering FTTP (preferably from openreach) in the sales literature, don't buy a new build if you value connectivity.

PersianCatLady

I was without a telephone or broadband for 9 months at my new build home as was every body else in the road.

This is a common problem with new build estates, at least you have a possible solution.