Reserving a plot for new build

Sharon1260

We have paid a reservation fee £500 and now due to exchange contracts on a 2 bed property. We have just been informed that they have built the wrong house on my plot! They have built a 3 bed and are blaming the architects for the massive mistake. We had chosen all our fixtures last week and were due to complete and move in May this year. The company say we can have a different 2 bed thats fully completed but we do not like plot or the interior fixtures. We wanted our own choices that match with furnishings we have already purchased. We want the plot that we reserved in October last year. Anyone know where we stand legally?? What options should we have?

davidmcn

Sharon1260 wrote: »

Anyone know where we stand legally??

At best, you have the right to get your £500 back.

PasturesNew

While it'd be lovely to get a 3 bed house, on the plot you chose, with your chosen fitments ... and I totally take on board the fact that nothing about any other 2 bed house will meet the same criteria of plot/location and having fittings "that match" your dream house ....

.... the reality is that as you've not exchanged on that house, they are in a position to just !!!! you about.

A 3 bed where I live would cost £40-50k more than a 2 bed -v- them saying sorry and handing you your reservation fee back..... so, from their perspective, they can play hard ball.

If you set aside the annoyance... is there a plot that is as good/acceptable? That just leaves fittings..... would a £££ discount sweetner reduce your annoyance?

In short: You cannot have the house you reserved, that you were dreaming of... if you can set emotion aside, is there a compromise you can be happy with?

They can't unbuild a house. They can't sell you a house at £40-50k under what it's "worth". So neither of those will occur.

AdrianC

As the others said...
You placed a reservation. That reservation says they cannot sell that plot to anybody else. No more. And they haven't.

The house you reserved does not exist, and will not exist. The reasons don't really matter. You simply cannot buy what you were hoping to buy, any more than you can buy a pet unicorn.

So you have a choice...
1. You can change your reservation to what I presume is the last remaining unreserved 2-bed
or
2. you can exchange on this 3-bed
or
3. you can cancel your reservation.

Pick one. If you go for either of the first two, push for as many goodwill gestures as you can get for the inconvenience. If you go for the third, and wish to reserve a plot on another of that developer's sites, then - again - push for as many goodwill gestures as you can.

If you go for the third, and decide you will never buy from this developer again (and I can't blame you, although I don't think this is anything but a one-off dropped hairy nadger), then at least you've walked away with every penny you started with.

Caz3121

Sharon1260 wrote: »

We want the plot that we reserved in October last year.

Do you want them to take down the 3 bed they have built on the plot and build a two bed in it's place?

davidmcn

Not that it changes things much, but what does the planning permission say is meant to be on the plot?

SmashedAvacado

I dont think its as simple as saying your rights are limited to the return of your money. YOU are likely covered by the consumer code for housebuilders - which may give you some redress as the builder has failed miserably in its obligations. Google the code. If your property was / is going to get an NHBC or other warranty as listed on the site, then your builder is covered by the code. You can use that as leverage. you need to work out what you are looking for - return of your money and compensation for wasted legal fees or a different property? or a refit of the property you want?

SmashedAvacado

If you look on the consumer code site, you can see pages and pages of examples of where compensation has been paid for balls ups made by builders. I suspect there is a similar one to yours which if you find is worth pointing out.

Sibz

Tell me you didn't use the developers recommended solicitor.... if not - what is his/her take on it?

I like the 3 posts before mine - I would be looking into that if I were you.

RE: the poster that said that 3 beds cost £40-50k more than 2 beds - that's a sale price - the difference in cost of building a 3 bed rather than a 2 bed is massively less than this - That's what the developers overhead is for potential loss. They can redress the loss of potential sale price by popping another 3 bed into a 2 bed plot later in the development. - 1 that isn't reserved as a 2 bed. You have to at least suspect that the developers being fly and trying to accommodate someone that wants to pay for a 3 bed in that plot and push aside the OP as they are only buying a 2 bed... Would you expect to see them trying to sell this 3 bed later, or would you expect it to already be reserved despite never having been displayed/marketed as such?

How far are you from completion?

whatdoyouthink...

Did you not visit the site during the four months since you reserved the plot to check on the progress of the build? When I bought off plan I drove passed the plot each week to see how the build was coming along - you'd have been able to see right away that they were building the wrong style of house to what you'd reserved.

Sibz

whatdoyouthink... wrote: »

Did you not visit the site during the four months since you reserved the plot to check on the progress of the build? When I bought off plan I drove passed the plot each week to see how the build was coming along - you'd have been able to see right away that they were building the wrong style of house to what you'd reserved.

Some people move to locations quite far away from where they are currently meaning they can't regularly pop in to check. Also, where the plot is situated within the site may mean it's not visible from the perimeter... Also, with a few developers there are 2 bed and 3 bed properties that look very similar from outside - especially to someone not familiar with the differences.

I don't think the OP can be blamed because the builder 'built the wrong house on the plot' - especially when the builder is trying to blame an architect for it.