Bought a new build with lots of probs - HELP!

Bumbles2

Hi all, I hope this is the right place to post. My friend has bought a property from a local house builder in Hampshire. Since moving in a few months ago there has been nothing but problems and the developer says it is no longer their responsibility. I really need some advice.
Before moving in a 'snagging' list was sent to the developer by email stating amongst other things the following problems:
*Scratches on the windows in Kitchen and Bedroom
*Scratches on Kitchen work tops
*Leak in Bathroom
*Horrible black substance stuck to inside or fridge/freezer
*We had a quote to have a fire fitted in living room and the electrician refused to do it because the electrics were such a mess - fire hazard apparantly!

So far the developer has been really unhelpful and not addressed any of the snagging problems. She also had to pay proffessional cleaners to clear up the builder mess because the developer would not pay! The windows look like they have been cleaned with wire wool hence the scratches.

Can anyone offer any advice here? Anyone else she can contact?

bristol_pilot

Once they have your money, they will not be interested. The time to get the snagging list items attended to is before exchanging contracts. After that, you are on your own unless its a serious structural problem that would come under the 10 year guarantee that most newbuilds have.

Jonbvn

The OP demonstrates why it is a very good idea to get a professional snagging inspection done before completion (ideally before exchange).

The developer cannot walk away from the defects you have described. However, forcing them to rectify such defects can sometimes be difficult, and may finally lead to the courts. I would suggest you post over on the snagging forums at www.snagging.org where you should be able to get some assistance.

dmg24

bristol_pilot wrote: »

Once they have your money, they will not be interested. The time to get the snagging list items attended to is before exchanging contracts. After that, you are on your own unless its a serious structural problem that would come under the 10 year guarantee that most newbuilds have.

Not true. The developer is responsible for the defects noted by the OP for two years following exchange.

I assume the property has a NHBC/ Zurich policy? If so, this is the time to get them involved.

Debt_Free_Chick

Jonbvn wrote: »

The OP demonstrates why it is a very good idea to get a professional snagging inspection done before completion (ideally before exchange).

The developer cannot walk away from the defects you have described. However, forcing them to rectify such defects can sometimes be difficult, and may finally lead to the courts. I would suggest you post over on the snagging forums at www.snagging.org where you should be able to get some assistance.

Just curious ..... do they have rights & powers which a new build owner doesn't have?

Surely, the owner has rights which he/she can enforce, without the need to spend more money?

Debt_Free_Chick

Bumbles2 wrote: »

Can anyone offer any advice here? Anyone else she can contact?

dmg24 has a point.

Is there any warranty or guarantee from the developer? If so, then there is likely to be a dispute resolution service included.

If you let us know who provided the warranty, we can post a link for you.

Jonbvn

Assuming the warrantee is with NHBC, this is what it says on their website:


http://www.nhbc.co.uk/Claims/Yourhomewarrantyexplained/

Cover during the first two years
If you discover any defects or damage, you must report these to the builder in writing within the first two years. The builder must put right any defect or damage to your home within a reasonable time scale. If the builder is given written notice of defects or damage within this period of cover, the builder remains liable as above, even after this period of cover expires.

If after notifying the builder in writing, you've received no response, please notify us via Claims Online and we will write to them on your behalf.

Please remember that the builder is not responsible for items such as normal shrinkage or normal condensation due to the property 'drying out', general wear and tear and damage arising from failure to maintain the property.

DFC - In your question who are you referring to regarding rights and powers? Unfortunately, in our increasing litigious society it is very difficult to enforce your rights without spending money.

plane_boy2000

Op - what warranty did they get with the house (if any) ? Had the same thing as this in my new house 2.5 years ago and it took a lot of hassle to get anything fixed, but I persisted and got most of it done in the end. We had lots more wrong than that (like no hot water when we moved in on a bank holiday weekend) Unfortunatly though you will have to fight this on your own as new houses have very little (if any) consumer protection - excluded from SOGA etc. Its wrong really that you have more protection buying a used car than a new house!

Milky_Mocha

Just to add to that, from my experience (I had a longer snagging list than yours) they absolutely have to sort out the problems whether you pointed them out before completion or not. So long as you point them out within the first two years then even after the two years you are within your right to demand they are sorted out. Keep your letters brief, professional and to the point. In our case we developed a professional but friendly relationship with someone at their head office. Dealing with the local branch that sold you the house is usually futile.

They sorted out some of the problems but let others drag until we forgot about them. 3 years later when we were about to have the garden relandscaped we remembered (basically there was a problem with the damp proof course) and got back to them. They tried the "two years have passed" line but we weren't having it. We told them we had proof that this had been raised within the two years and that if they could no longer help us then we have no option but to commence court proceedings. They sorted it out.

WTF?_2

Bumbles2 wrote: »

Hi all, I hope this is the right place to post. My friend has bought a property from a local house builder in Hampshire. Since moving in a few months ago there has been nothing but problems and the developer says it is no longer their responsibility. I really need some advice.
Before moving in a 'snagging' list was sent to the developer by email stating amongst other things the following problems:
*Scratches on the windows in Kitchen and Bedroom
*Scratches on Kitchen work tops
*Leak in Bathroom
*Horrible black substance stuck to inside or fridge/freezer
*We had a quote to have a fire fitted in living room and the electrician refused to do it because the electrics were such a mess - fire hazard apparantly!

So far the developer has been really unhelpful and not addressed any of the snagging problems. She also had to pay proffessional cleaners to clear up the builder mess because the developer would not pay! The windows look like they have been cleaned with wire wool hence the scratches.

Can anyone offer any advice here? Anyone else she can contact?

Generally if you bought the house then you pretty much agreed to take it on in the condition is was in when you last saw it. You'll only have a really strong position to get rectification work done if serious problems develop.

However if there was some sort of undertaking given by the developer to fix the items on the snag list and you have evidence of this, you may be able to take them to court.

You've learned the hard way that once the developer has your money, they couldn't care less about your issues. The time to get these things fixed is before you sign the contracts.

Best to speak to a solicitor. They can advise you whether or not it is worth spending potentially lots of money on legal action.

brazilianwax

A house we bought off plan had 147 serious faults at the point of completion (including windows you could lift out of the bay and a driveway that took out the underneath of my car).

Took a lot of work, letters from NHBC and a threat to take them to court (which I would have done), but it got sorted eventually.

We never actually moved in, and sold it once it was sorted.