Charged for extras after pulling out of sale

moreofthegoodstuff

So you’ll lose 25%.

Slithery

Xplosivgas wrote: »

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!).

It's not the same thing as the OP returning items to a shop. They agreed for a contractor to buy and fit off spec materials that they don't hold in stock. The labour cost of removing the extras and reinstating the property will probably outweigh the extra materials cost, there's no guarantee that another buyer would choose the same upgrades in the same plot so why should the developer be left out of pocket?

G_M

Bakerboy3685 wrote: »

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

So, as so often in posts here, the answer is there once the documentation is read..

Your liability is 25%.

And that seems fair. Yes, Barratt have possession of the higher spec stuff installed, that they can now offer to another buyer.

But they have no guarantee that a future buyer will want that paticular spec, so a compromise of 25% seems justified. It might make selling that flat easier in future, but arguably it might make it harder especially if your chosen spec was not a currently trendy option...

Bakerboy3685

moreofthegoodstuff wrote: »

So you’ll lose 25%.

That's what I thought so why are they saying I will have to pay for all the costs? Not aiming that at you, it is a question I need to throw back at them.

Bakerboy3685

G_M wrote: »

So, as so often in posts here, the answer is there once the documentation is read..

Your liability is 25%.

And that seems fair. Yes, Barratt have possession of the higher spec stuff installed, that they can now offer to another buyer.

But they have no guarantee that a future buyer will want that paticular spec, so a compromise of 25% seems justified. It might make selling that flat easier in future, but arguably it might make it harder especially if your chosen spec was not a currently trendy option...

I agree it's fair, just don't know why they are quite bluntly saying you will have to pay for the total costs. I will have to throw it back at them.

fiisch

We were in a very similar situation with Barratt in 2012. Sale fell through which meant we couldn't proceed with the purchase - however, Barratt delayed for five months issuing contracts which prevented us from exchanging, and so I felt that Barratt were at least to a degree liable (had contracts been issued on time, our buyer would either have had to exchange or pulled out earlier allowing us sufficient time to find a new buyer).

I badgered them relentlessly as I felt it was unfair to keep the money for extras, which I seem to recall amounted to about £5000. Ultimately they relented and refunded in full, including the reservation fee.

Sorry, not sure if this really helps you, but I guess the moral is to be persistent.

getmore4less

Bakerboy3685 wrote: »

That's what I thought so why are they saying I will have to pay for all the costs? Not aiming that at you, it is a question I need to throw back at them.

You point them at the document you have that says.

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.

Then wait and see if they come back with a document that trumps what you have.

lisyloo

The paperwork seems clear so I’d be pointing them to it and effectively saying “sue me”.

Depending on what the OP chose it could potentially put off other buyers. I hate what my next door neighbour chose.
If a place is unsold they tend to continue with a neutral pallete.

Anyway they have put it in black and white so that is what stands.

They are either unaware of their own Ts&Cs or trying it on.
Either way, pointing them to it should solve the issue.
No way they’ll sue you when they’ve put it in black and white.
Personally I’d be making sure the booklet is kept in a safe place and possibly taking a photocopy just in case.

Bakerboy3685

lisyloo wrote: »

The paperwork seems clear so I’d be pointing them to it and effectively saying “sue me”.

Depending on what the OP chose it could potentially put off other buyers. I hate what my next door neighbour chose.
If a place is unsold they tend to continue with a neutral pallete.

Anyway they have put it in black and white so that is what stands.

They are either unaware of their own Ts&Cs or trying it on.
Either way, pointing them to it should solve the issue.
No way they’ll sue you when they’ve put it in black and white.
Personally I’d be making sure the booklet is kept in a safe place and possibly taking a photocopy just in case.

Thanks, I'm going down to the sales office today which will be fun as I'm sure I'm going to be pounced on by the staff doing everything to make me not pull out and threatening me with the costs I mentioned!

I have the booklet on my tablet as they sent all the docs via email once we signed the reservation agreement. I can clearly highlight where it says about the 25%. I admit we are pulling out at quite a late stage but Barratt have only themselves to blame as we should have exchanged months ago. They have taken so long to send out contracts my mortgage advisor and solicitor are both surprised by how long it is taking. Therefore they shouldn't be able to have us over the table when they have caused the delay themselves effectively giving us more time to change our minds.

DaftyDuck

Just to repeat: take a COPY of the document with you, not the original!