Change in specification

dan96

Hi all,

Went to visit our new build a few weeks before completion and noticed the following:

- Downlights fitted in bedrooms when brochure and show home say/show pendant lights. It's an issue cause we have already purchased rather expensive pendants for both rooms and can no longer return them.
- Kitchen is beige, not white and at no time were we told that this would be the case (mentioned in previous post). Spoken to seller and they have said "it is what it is".
- Fitted wardrobes fitted in second bedroom when all sales material says it will only be fitted in master bedroom. Have ordered a wardrobe already however it won't be needed anymore. Would have preferred without the wardrobe as it's very small.

My contract says this:
[Seller] "Not to make variations that will significantly and substantially alter the size appearance or value of the Property without following the procedure set out in clause x.x.x below”.
“If after the date of the contract the Seller proposes a change to the design construction materials to be used in the Property that would significantly and substantially alter its size, appearance or value then the Seller will formally consult with the Buyer on those changes.”

Do I have a leg to stand on or is this just normal when buying new build. Developer can do what they want. What's more annoying is that it's through a Housing Association which I assumed (yes, assumed) would be more mindful of these things.

Thanks,
Dan

davidmcn

Those changes don't sound "significant" or "substantial" to me. Even if they were, an obligation to "consult" with you doesn't mean you'd have a veto, just that they'd talk to you about it and then possibly do it anyway.

AdrianC

Previous threads:
Over a month ago:
https://forums.moneysavingexpert.com/discussion/6021635
..and a week ago:
https://forums.moneysavingexpert.com/discussion/6022579

It'd make a lot more sense to keep everything together in one place.

So you've still got "a few weeks" before completion? Don't you think buying large and expensive things like furniture and lights THIS far ahead is just a tad premature...?

dan96

@adrianc A goodwill gesture and this is very different, sir. Same thread wouldn't make sense.

I wouldn't say premature when we were due to move in in March and then 2 weeks before told us it wouldn't happen. Wardrobe has been ordered, not delivered. I wouldn't consider a pendant light to be large, and when sales material explicitly says "pendant light fittings in bedrooms", that is what I expect there to be. I don't think it was necessarily unwise to have ordered them.

Exodi

From the other side of the fence from a person who wouldn't purchase a new build, whilst I can understand your frustration having paid a premium for the convenience factor of not having to do any DIY;

We are talking about a tin of white paint, a light fixture and a days labour here. In the grand scheme of things, especially with regards to the £XXX,XXX you've just spent, I would probably just get on with it.

That said, I guess it depends how far you want to take it. I'm sure if you stomped your feet enough, perhaps had your solicitor mention 'possible breaches of contract', they may do it for you.

It's also a bit premature to be buying things so far in advance no? What happens if you feel they 'just don't go' (which is extremely common I can tell you!) - you've deliberately put yourself out the return window.

EDIT:

dan96 wrote: »

I don't think it was necessarily unwise to have ordered them.

I would beg to differ. My partner and I have just purchased a new house and I'd say a 1/4 of the furniture or accessories have been returned due to not suiting the room. You know it was just because you were excited; let's not try to kid ourselves that the smartest thing to do is ordering items at such a time that when they come to actually be used, they're out of the return window. It would be worst yet if you're storing some of these items and they turn out to be damaged.

dan96

@exodi Thanks for your reply.

Sorry I didn't make it clear, I meant the kitchen cabinets not the walls.
With regard to the lights, it's a shared ownership and I doubt they will allow me to make any changes to electrics etc.
I understand regarding light fixtures but the pendants are neutral and would go anywhere. They were on sale at the time hence why purchased.

Doozergirl

The irony here is that the developer has spent more money on the property, not less.

If you hadn't have bought stuff, apart from the kitchen door colour, it would have been a pleasant surprise.

It's hard not to buy things for a house, but if it isn't entirely built and the developer retains some artistic licence, which they always do, then it isn't wise to buy items. The developer isn't going to take responsibility, nor should they have to, so it's your risk.

If these are sale items, then hopefully they can be resold without too much of a loss.

Crumble2018

No advice, but wanted to say that I would be really annoyed in your situation too. I'm thinking I would have clarified about the kitchen at point of purchase if it wasn't specified anywhere, but if the paperwork says pendant light fittings, I would expect that to be the case. Same with the fitted wardrobes.


And I don't think buying stuff now is premature either - I'd be doing the same!

edgex

What the brochure & show home show doesn't matter.
What matters is what is specifically written as the specification for the property you are buying.

dan96

The contract says that the sales material and brochures are what we are to go by. The brochure says fitted wardrobes to master bedrooms only, and it says pendant light fittings to bedrooms. I'm not sure why it doesn't matter when this is what the contract says to rely on.

AdrianC

Most people would regard downlighters and fitted wardrobes as upgrades, and would have to pay extra for them.