New build - Upgrade Charges Sale fell through

MobileSaver

Aldous74 wrote: »

the consumer code for new builds ... the Home Builder is advised to require payment ... These works should be the subject of a separate contract with the Home Buyer"

It's important to note that that "code" is not legally binding as is clear from the use of the words "advised" and "should" rather than "must."

Aldous74 wrote: »

we would not have agreed and would have been happy to wait until contracts had been exchanged to agree upgrades or negotiated a lower price for the house

Assuming it gets to court then ultimately it will come down to whether the court believes you or the builder.

kev25v6

Tell them you want the upgraded appliances etc for your new house if you are going to be paying for them. They will be trying to charge for a full oven etc and not just the extra hundred quid or so for an upgrade.

[Deleted User]

They can't really charge you for installation of the upgrades as they would be putting in tiles/flooring anyway. Its not an extra cost for them. Building firms always charge well over the top for upgrades anyway. Their costs for this work are minimal.

I wouldn't negotiate with them. If what the others on here say that a verbal agreement isn't binding is true.., and your solicitor can advise on this, I'd just carry on and ignore what the builders say.

pinkshoes

I bought a newbuild years ago and got to select the colours from a chosen list, although did not upgrade.

Builders will have a list of specs they use in their typical build, and supplied by certain companies.

The company the stuff comes from will no doubt support the builder in court and verify that you did indeed come in a choose higher spec items.

It is normal that any improvements in specifications need to be paid for separately.

Although you do not have a written contract, you had a verbal one.

If this went to court, I'd say you had a good chance of losing.

Why not offer to buy the kitchen and then install it in the other house? You'd have to pay for removal and installation of the standard spec one...

On the other hand, you could see if they sold the house for more than you offered. If so, then you could claim this was due to the higher spec kitchen... (and claim the money back...)