Persimmon Brick Query

Persimmonquery18

Hi

Just hoping someone may be able to give me some advice please?

I’ve just exchanged on a persimmon house. At the reservation in February I was shown the plans for the site, and my house in particular - they clearly stated my house was red brick. Unfortunately persimmon do not allow you to take copies of these plans.

Later in the process, there were two brick types in the sales office and I asked the sales manager to confirm which colour my house was - she checked the plans and told me the bricks were red.

I exchanged on Thursday and went up to the site to see the house. The bricks are yellow. Mentioned it in passing to the builder who let me on site “oh the bricks are yellow”. Got a call Friday morning from sales manager sounding a bit panicked about the bricks. I said I was disappointed. Saturday - went to visit site to see show home. Sales manager seemed really panicked, didn’t want me to go to head office about it, wondered if perhaps after I’ve moved in they could do something to help me out...

Either way I’ll check with my solicitor tomorrow, but I just wondered if anyone had any advice on what to do? I’m guessing persimmon are within their rights to change certain aspects of the plans, but surely not without informing me before I exchange?!

Thanks in advance

davidmcn

Persimmonquery18 wrote: »

I’m guessing persimmon are within their rights to change certain aspects of the plans, but surely not without informing me before I exchange?!

They'll reserve the right to change certain aspects of the plans even after you exchange. If you want any more specific guarantees you'd need to get them written in to your contract.

eddddy

Persimmonquery18 wrote: »

Sales manager seemed really panicked, didn’t want me to go to head office about it, wondered if perhaps after I’ve moved in they could do something to help me out...

Do you mean pay you money?

Your post makes it sound like you want to blackmail the sales manager - "Pay me some money, or I'll tell your head office". I assume that's not your plan!!!

Anyway, I doubt you could get any agreement from the developer to pay you "cashback" after completion. But if you did, you would have to tell your mortgage lender, and they would probably adjust your mortgage offer accordingly.

Persimmonquery18

Absolutely not my plan.

I didn’t mention the bricks to them. When I got to the office there was lots of suggestion FROM THEM that I didn’t need to go to head office (never suggested I would), they may be able to help me out etc. I didn’t say/ suggest anything because at this point I’m not sure what my position is.

So far, all I’ve said about the bricks is - “oh that’s a disappointment” but they seem more panicked about it than I thought they would be.

ACG

What do you want/expect?
You have said you are disappointed - I am disappointed every day by things, rush hour, the weather etc.

It almost sounds like you are not overly fussed but you have seen a sign of weakness and want to pounce? (I am not judging if that is the case) You have not said what you actually want to achieve.

Persimmonquery18

I’m more disappointed than I would be about the weather. At least I know the weather is likely to change, in this case I was assured one thing (twice) and something completely different has been delivered.

If I ordered a sofa from DFS in red but it came in yellow, presumably DFS would either swap it or other some other form of compensation for their mistake. The difference is I know my consumer rights for ordering a sofa, but I don’t know what my rights are in this case.

I’m not saying I want anything, but should I just put up and shut up that I’ve bought a house that is completely different to the one I thought I was getting? What if someone bought an older house, exhanged contracts, and then the pervious owner painted the outside of the house, is that ok?

davidmcn

Persimmonquery18 wrote: »

What if someone bought an older house, exhanged contracts, and then the pervious owner painted the outside of the house, is that ok?

Almost certainly yes, unless there was something unusual in the contract.

Realistically all you're legally entitled to do is either continue with your purchase of this house, or go and buy another one.

daveyjp

The house isn't going to be rebuilt so you have a choice to make.

Take what is there and negotiate compensation.

Walk away and negotiate compensation.

Only you can make the right choice.

FreeBear

It could be a requirement of planning permission that certain houses were built with red bricks. Possibly something that the building control officer hasn't picked up on (yet) - When head office find out, the site manager would probably get his backside spanked, especially if the planning dept. kick up a fuss.

[Deleted User]

I would be delighted to have yellow brick rather than red (lived in London where it always seemed to be a good thing to have somehow), but horrified by a yellow sofa rather than red. I know that doesn't help you much, but I suspect it might be a more popular choice if you want to sell at some point.

noh

The material finishes used for each plot would be defined in the planning permission.
Is your house different to the plans lodged with the local council?