Charged for extras after pulling out of sale

Bakerboy3685

Hi all

My wife and I agreed to buy a new Barratt Home but have had a change of mind and are pulling out of the sale. We have not exchanged contracts yet so we are fine deposit wise. However Barratt are saying as the house is almost complete and has been fitted with all the extras we wanted, we have to pay for them all which is up to £10,000.

Admittedly we were going to be paying for premium tiles, flooring and kitchen however if we have not exchanged can they really do this? I have already paid an initial £1500 for these which I know I will loose but I don't remember signing anything saying if we pull out we have to pay for all our extras in full. Has anyone else been in this situation?

Slithery

Bakerboy3685 wrote: »

...but I don't remember signing anything saying if we pull out we have to pay for all our extras in full...

Not enough information.

What does the contract that you signed actually say?

Bakerboy3685

Slithery wrote: »

Not enough information.

What does the contract that you signed actually say?

I haven't signed anything, all we were asked to do is choose all the extras we wanted and they advised us how much these would be. The most formal thing was me sending an email to them with our choices on.

Slithery

Bakerboy3685 wrote: »

I haven't signed anything

Not even a reservation agreement?

G_M

Bakerboy3685 wrote: »

I haven't signed anything, all we were asked to do is choose all the extras we wanted and they advised us how much these would be. The most formal thing was me sending an email to them with our choices on.

Well what does that email say, and what any email you sent to them instructing them which extras you wanted.


The wording will be critical, but it sounds like there was a contract:


* you were offered certain extras at specified prices and
* you accepted the prices and ordered the extras.


Law aside, I'd say there was a moral obligation to pay - Barratts installed stuff at your request, to please you. Leaving them to now try and sell the property done up to your spec (which may not be the spec a future buyer wants or can afford) could leave them out of pocket.

Bakerboy3685

I have checked and yes we did sign a reservation agreement which was with a £500 deposit which I am also prepared to loose.

However this did not have any information on it about "choices" which is what Barratt service is called where you can customise your property with extras. We made our "choices" in the sales office and were told we had to pay £1500 now and the rest on completion. However as we have not exchanged this is why I don't know if they can hold us to paying the rest of the costs, they already have £2000 from me which I will loose.

G_M

Bakerboy3685 wrote: »

I have checked and yes we did sign a reservation agreement which was with a £500 deposit which I am also prepared to loose.

However this did not have any information on it about "choices" which is what Barratt service is called where you can customise your property with extras. We made our "choices" in the sales office and were told we had to pay £1500 now and the rest on completion. However as we have not exchanged this is why I don't know if they can hold us to paying the rest of the costs, they already have £2000 from me which I will loose.

Sigh!

Well what does that email say, and what any email you sent to them instructing them which extras you wanted.

And what does the ' reservation agreement' say?
The wording will be critical, but it sounds like there was a contract:

:wall:

Xplosivgas

I can't imagine they can charge you fulll whack for all the extras, given they are likely to be attractive to other perspective buyers.

If it turns out you are liable for the cost of the extras, I'd demand possession of the items you're paying floor. Get them to hack off those tiles and strip the wallpaper! Why should they get the money back AND retain the goods!

Slithery

@Xplosivgas

I can't tell if you're being sarcastic or not. I really hope that you are.

Bakerboy3685

G_M wrote: »

Sigh!
:wall:

I may have just answered my question as I have been going through the docs they sent when we initially reserved the plot. This is the exact wording about choices in the booklet that came once we had signed the reservation agreement. It's not actually on the reservation agreement though.

QUOTE
When you order items from our “Choices” range, which are not included within the purchase price, you will be asked to pay a deposit of 25% of the price of these. In the unlikely event that you do not complete then this deposit would not be refunded. However, the balance of the purchase price is only payable by you when you complete on the purchase of your property on the day of completion.
UNQUOTE

Xplosivgas

Not particularly being sarcastic. I can't see it's fair for Barrett to charge for the items AND keep possession of them. You disagree? The extras are still going to add value to the house for which they will benefit (unless OP has awful taste I guess!).