New build Mis-sold, complete on friday, need help.

Si-83

Hi all, first time poster and in need of some solid advice. We are due to complete on a house this friday. We were sold and reassured the rear garden would be flat by the sales person. It was a key decision in our purchase as the show home had a gradient.

Anyhow, on inspection after exchange of contracts it became apparent there was a difference in ground level between the from and rear of the back garden. I raised it again with the sales office who looked at the plans and said it should be flat but would get back to us after consulting the builder. Two weeks later she said it was all to plan but not that bad and I could come have a look as the back gate should be unlocked. Today I went and used my laser measure to measure the difference in level, it came out over 60cm lower at the rear of the garden and a gradient of around 5 degree's.

I spoke to her in the office and she flat out denied that she ever said it would be flat and that I had the opportunity to look at the plans and that there was always going to be a gradient and if I asked her she would of told me that. Basically totally denied us ever asking her or mentioning it. I called my solicitor to ask if she had any of that information with regards to the ground levels and she said no. Basically, we were lied to and legally we don't have anything to prove it. Her word against ours and we will be left with a gradient.

The question.... is there anything we can do? We want the house but it was mis-sold to us and as a result will cost us £1000's to put right if we choose to, what I want is to reclaim the cost or have them fix it themselves. Any advice would be appreciated.

davidmcn

If it was really a key decision in your purchase you should have put something in the contract about it. Did you ever discuss it with your solicitor?

AdrianC

Five degrees. 1 in 20. 60cm over 12 metres.

Laser measure being used now, but plot never even briefly visited before exchange...

unforeseen

TBH I think you mean level. It probably is flat but you wanted level. Two different things. You probably have what you asked for.

Si-83

Level I.e she specifically said there was no difference between the ground level at the back of the house and back of the garden specifically saying sometimes there might be a variation of about 5-10cm. Quite a difference between 10cm and 60cm+ which now she is saying is to plan. If it was to plan then she was obliged to tell us when we asked initially. I think it's an honest mistake on her part but even if it was an accident and she read the plans wrong she still mislead us.

Si-83

Discussed with the solicitor as soon as we realised it was not what we were told it would be.

AdrianC

You say she misled you, she says she did not.

What does the plan show? Did you ever look at the plan to confirm whether it was or was not to plan?

-taff

There's not much you an do without proof they said it would be level in writing. And you are now legally bound to complete.

Si-83

She talked us through the plans when we reserved the plot, this was when she told us there was no difference. Now she showed me the plans today and all of a sudden there it is 70cm difference. My solicitor doesn't have the site plans nor do we so the only time we saw them was on reservation and today when I went in. They could of been changed for all I know. Either way, we were unaware and until she clarified with the builder last week, she was saying it should be flat too.

Si-83

Think so too Taff, they have us on our words against theirs and they'll just say it's our responsibility to look at the plans and that we were shown them despite whatever the sales rep was saying while she talked us through them.

AdrianC

Did the plans you saw on reservation actually have side elevations on them, or were they just aerial views for plot location?

Did you ever request side elevations?

You knew the development as a whole was not level...