New Build- They're changing the garden size, OUR RIGHTS?

MissRScience

Hi,

So we reserved a property with Miller homes. They showed us the original plans and we signed to say we were happy. She verbally stated a the time due to some trees they may need to move the boundary line back by 1 meter max. We weren't that fussed, it meant we didn't have the protected tree on our site.

HOWEVER we got a call yesterday to go in and and see the new "proposed" plans. They have taken 3meter from the length of the garden, loosing 28m(2) from the garden. When we asked how we could be compensated (Laying of turf/carpets) they were very reluctant.

I just want to know our rights, she offered to move us to another plot but it could set back the move by over 8months??? We said we were happy with the plot but felt that it would be good customer service to at least "make it up to us". She's going to ask the manager the question, we've yet to hear back.

No other houses on the row have been reserved so they won't know the difference, But we've reserved a property with more land,

Help please moving forward,

k3lvc

Given you've only reserved rather than exchanged contracts there's nothing you're entitled to. Assuming you've paid a deposit then you'll get this back and be free to walk away.

If you've shown how much you love the property you'll find you've lost all negotiating power and are left with walking away or accepting.

Sibz

Maybe one for your lawyer to help with? (assuming you didn't use the developers recommended solicitor)... If they've changed the material offer then I'd think you'd be due any deposit you paid back if you went elsewhere (but I'm not a solicitor)

Also, if they're too tight to offer you something in return maybe you should be thinking what else they've tried to scrimp on... and what sort of response you may also get when it comes to snagging...

MissRScience

Can't say I'm not disappointed. We're first time buyers so won't pretend to know anything,

We'll see what she comes back with. Just thought they'd cave putting in carpets to keep the sale going.

MissRScience

Sibz wrote: »

Maybe one for your lawyer to help with? (assuming you didn't use the developers recommended solicitor)... If they've changed the material offer then I'd think you'd be due any deposit you paid back if you went elsewhere (but I'm not a solicitor)

It is their solicitor- like I say we just wanted to make it easy and went with theirs.

TonyMMM

MissRScience wrote: »

Can't say I'm not disappointed. We're first time buyers so won't pretend to know anything,

We'll see what she comes back with. Just thought they'd cave putting in carpets to keep the sale going.

Depends on how many other buyers are around ....

MissRScience

I think it's because they're giving a 5% deposit contribution, the we really can't eek anything more out of them.

Sibz

MissRScience wrote: »

It is their solicitor- like I say we just wanted to make it easy and went with theirs.

While you're using their solicitor they will be far less motivated to give any ground (if the solicitor gives them grief will he get any more business from them?) - I don't know what position you would be in to change solicitor (could be costly - possibly more costly than just accepting the changes).

I know it's not helpful now but this is why this forum is full of threads where the advice is not to use the developers solicitors. No doubt you got caught up in the excitement of your first home purchase, try not to let this sour the experience for you no matter what you decide to do.

Some developers are better than others with regards to customer service - maybe they will offer you something. Perhaps Citizens Advice could give you impartial advice on what your options are regarding this and the solicitor situation?

00ec25

you have NO RIGHTS you have not paid for, or signed, anything which entitles you to anything
you are still at the stage of being an interested customer trying to agree a price. Your only "right" is the ability to walk away

MissRScience

Reply to All;

I can see that now. It was mostly the way it was done I think that got our backs up. It was a little bit hostile in the moment.

Like I say we'll see what they come back with, I thought the signing of the 'seen the plans' but was legally binding but I don't think it was, more of a check list for the sales company.

theartfullodger

Great Scott, the salesman wasn't truthful, but got you to sign up!!