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New build miss sold?

Jane_B
Posts: 131 Forumite
I just wanted to see if I had a leg to stand on in regards to some issues I am currently facing on my new build purchase.
When viewing the property we were given a brochure, there are 2 items in this brochure which have been left off/not done properly in the build phase. I want to know if just because it was in the brochure means they are obligated to provide it.
1 - The brochure advises there is a CAT 6 data distribution system in all properties.
2 - All rooms with a TV point will be SkyQ enabled.
Last week we had the meeting with the site manager to go through the plans, this is because we are 4 weeks from completion (so we have already put our deposit down to secure the reservation)
It turns out that at the moment there is no data distribution system in the property, however in the plans there is one, but its down as CAT5 - not CAT6 (so 2 issues in one!) - also the site manager doesn't know what a data distribution system is so can't seem to figure out where it's supposed to be (should be under the stairs on the plans, but he 'thinks' its in the loft)
Second issue is that all the SkyQ enabled TV ports have the wrong connector on them, meaning they are useless for SkyQ - this could be a quick fix but still we want them to look into (could just be they have used the wrong front plate, giving the impression the connector is incorrect) however they are seemingly unable/unwilling to investigate.
The developer is saying the build is now complete and they are bound by the plans, not the brochure. I wanted to know if this is correct before taking it further, as the plans aren't gone through in detail until close to completion - and their plans don't seem to fully match whats being advertised in their sales materials.
I have raised this with the solicitors, but again they seem to not know how to proceed
TIA.
When viewing the property we were given a brochure, there are 2 items in this brochure which have been left off/not done properly in the build phase. I want to know if just because it was in the brochure means they are obligated to provide it.
1 - The brochure advises there is a CAT 6 data distribution system in all properties.
2 - All rooms with a TV point will be SkyQ enabled.
Last week we had the meeting with the site manager to go through the plans, this is because we are 4 weeks from completion (so we have already put our deposit down to secure the reservation)
It turns out that at the moment there is no data distribution system in the property, however in the plans there is one, but its down as CAT5 - not CAT6 (so 2 issues in one!) - also the site manager doesn't know what a data distribution system is so can't seem to figure out where it's supposed to be (should be under the stairs on the plans, but he 'thinks' its in the loft)
Second issue is that all the SkyQ enabled TV ports have the wrong connector on them, meaning they are useless for SkyQ - this could be a quick fix but still we want them to look into (could just be they have used the wrong front plate, giving the impression the connector is incorrect) however they are seemingly unable/unwilling to investigate.
The developer is saying the build is now complete and they are bound by the plans, not the brochure. I wanted to know if this is correct before taking it further, as the plans aren't gone through in detail until close to completion - and their plans don't seem to fully match whats being advertised in their sales materials.
I have raised this with the solicitors, but again they seem to not know how to proceed

TIA.
0
Comments
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Your solicitors ought to have asked for the the specification to be included in the contract, so that you were all clear on what you were buying. Have you asked them why they didnt do that - presumably you did show them the specification of the property you thought you were buying when you instructed them?0
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SmashedAvacado wrote: »Your solicitors ought to have asked for the the specification to be included in the contract, so that you were all clear on what you were buying. Have you asked them why they didnt do that - presumably you did show them the specification of the property you thought you were buying when you instructed them?
Yes, they came back saying that these technical elements are typically included in the documents filed in specifying what exactly the property contains, as these are more nice to haves over fundamental inclusions. They are unsure how to proceed, as the site plan doesn't meet the brochure, so not a fault as such. However I do keep pressing that even if they have to abide by the plans not the brochure, we are still missing a data distribution system.0 -
If the solicitors (paid legal professionals) don't know then you are snookered.
I would of thought the contract is what they should be referring to, if that refers to a sales brochure reference blah blah blah then that's what you should be getting built, if there is no mention of a brochure or specification then it doesn't seem like its a very professional house builder.
If you google the differences between CAT 5 and CAT 6 you will see the differences. If they have installed CAT 5 cables, they will unlikely rip them all out for CAT 6 unless its stated within the specification. How important is it for you?
The SkyQ enabled socket is probably just a different socket plate - easy to change over if its in the specification.0 -
Yes, they came back saying that these technical elements are typically included in the documents filed in specifying what exactly the property contains, as these are more nice to haves over fundamental inclusions. They are unsure how to proceed, as the site plan doesn't meet the brochure, so not a fault as such. However I do keep pressing that even if they have to abide by the plans not the brochure, we are still missing a data distribution system.
They should not have told you they were "nice to have" if your instructions to them were that you have bought a property with a particular specification, they should have ensured that it was delivered with that specification.
When did they come back and say that to you? during the process or once you had bought the property.
It is possible you have a negligence claim here against your lawyers.0 -
It's not clear to me that the OP has exchanged as opposed to merely reserving the plot? In any event the contract will probably give the developer enough wriggle room about these sorts of details, certainly won't promise that they'll deliver everything mentioned in the glossy brochures.0
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The difference between Cat5 and Cat6 in a home environment is somewhere around trivial-to-nothing. Over time, it might become relevant, but unless you have very exceptional home tech, it's unlikely.
Over Cat5, you'll still reliably get 1Gbit network speeds if everything else supports it, especially at the distances you're likely to get in a domestic property. Above that, you really want Cat6. So, basically, this is all about whether they've strung some network cable, and where the patch panel/switch might or might not be hidden. It's unlikely to take you long to have a look around and see if you can find it. Are there network frontplates in the walls anywhere?
I'm guessing slightly as to what this "Cat5/6 Data Distribution System" is, but I'd be very surprised if it was anything more than simply a bit of cable and a patch panel...0 -
Cat5 (yes, OK, 5e - vanilla 5 is indeed long-dead) officially only supports 100Mbit, but it's perfectly happy at gig, and there's miles of it doing that day-in-day-out in a heck of a lot of buildings.
And it's still easily and widely available - at not much over half the price of Cat6. Even as Joe Public, it's not at all hard to pay well below £50 for a 305m box. A large-scale cable installer will be paying something close to buttons. Yes, that means the actual cable cost is trivial compared to the labour, but multiply trivial savings by a large number of sites...0 -
I have Sky Q, the only place I have a hard-wired connection is in the living room at the master box, the "slave" box in our bedroom is connected to the master by WiFi, it has it's own network, so not sure why you'd need a connection point in every room.0
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Cat5 (yes, OK, 5e - vanilla 5 is indeed long-dead) officially only supports 100Mbit, but it's perfectly happy at gig, and there's miles of it doing that day-in-day-out in a heck of a lot of buildings.
And it's still easily and widely available - at not much over half the price of Cat6. Even as Joe Public, it's not at all hard to pay well below £50 for a 305m box. A large-scale cable installer will be paying something close to buttons. Yes, that means the actual cable cost is trivial compared to the labour, but multiply trivial savings by a large number of sites...0
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