Change in specification

Doozergirl

dan96 wrote: »

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.

The contract also says

"“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.”"

These changes do not significantly change the size, appearance or value.

Read between those lines; if it doesn't constitute a significant change, they will not be consulting you!

This is standard contract stuff. Developers have been there and done this hundreds or thousands of times compared to your once and so these contracts protect them.

They are building a house to their own specification, this is not a custom build for you. Most complaints are about omissions, not free extras, so you're in a good position.

sal_III

You have no legal comeback. Your best bet is to rite a tearful e-mail/letter to the developer and hope for a good will gesture.

Cancel the wardrobe order and sell the light pendants on e-bay etc.

dan96

Just because it's a free extra it doesn't mean it works in our favour. A larger wardrobe I fit myself is preferred over a small fitted wardrobe. Same goes for the pendant lights. Just because an 'extra' is there doesn't mean it's preferred.

AdrianC

sal_III wrote: »

You have no legal comeback. Your best bet is to rite a tearful e-mail/letter to the developer and hope for a good will gesture.

One of the other threads is the OP complaining he's only been offered £1k as a goodwill gesture, and wants £6k.

dan96 wrote: »

Just because it's a free extra it doesn't mean it works in our favour. A larger wardrobe I fit myself is preferred over a small fitted wardrobe. Same goes for the pendant lights. Just because an 'extra' is there doesn't mean it's preferred.

You miss my point. Your contract says that one of the triggers for "consultation" is a change that materially affects the value. You're being given free things that more than offset any (intangible, negligible) change in the value.

Whether you want them or not is beside the point. It is a demonstrable upgrade to the spec, not a downgrade.

dan96

@adrianc We have been delayed by 11 months. Is £6k unreasonable given that other developers have offered that as compensation to buyers who face less of a delay (maybe a quick google search will do you some good)?

Ok that's great, write in the contract that the specification of the property is that of the sales material and brochure but completely go against it because you can. Good stuff.

AdrianC

dan96 wrote: »

We have been delayed by 11 months.

But that delay is within the terms of the contract you agreed to.

Is £6k unreasonable given that other developers have offered that as compensation to buyers who face less of a delay (maybe a quick google search will do you some good)?

Perhaps you should have bought from those other, more generous, developers, then?

Ok that's great, write in the contract that the specification of the property is that of the sales material and brochure but completely go against it because you can. Good stuff.

One minor change - the colour of the kitchen doors - and two free upgrades. No downgrades. And all are within the caveats of the contract.

You have zero right to any recompense. A goodwill payment is a goodwill payment. Is it as much as you'd like? Clearly not. Is it more than they have to pay? Yes. If you try to chase this, you can bet that the value of those "upgrades" will be held up as part of the goodwill package.

davidmcn

dan96 wrote: »

Ok that's great, write in the contract that the specification of the property is that of the sales material and brochure but completely go against it because you can. Good stuff.

You agreed to that wording. You could have tried negotiating it.

edgex

dan96 wrote: »

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.

I'm pretty sure that if you read it all carefully, you will find the word 'indicative'

Sales bumpf is all created before the building work. Things do then change over the time period between the show rooms being built & photographed at the developers HQ & all the buildings being finished.
Kitchen door colours can change based on the room orientation, some colours work with bright sun, some don't. Boiler may change if there's a better one now available at the same price.

need_an_answer

dan96 wrote: »

Just because it's a free extra it doesn't mean it works in our favour. A larger wardrobe I fit myself is preferred over a small fitted wardrobe. Same goes for the pendant lights. Just because an 'extra' is there doesn't mean it's preferred.

Is it really that difficult to remove the fitted wardrobe yourself and put in the one you want....or is this all about the "principle".


Frustrating as it may be there are bigger things in home ownership to worry about.


Internals can and probably over the lifetime of the property will be changed.


don't sweat the small stuff.

Chandler85

Personally I think the Biege kitchen is an actual issue, as that could actually affect how people view the property, I wouldn't buy a biege kitchen ever.


The lights are an annoyance but there is little to be done.


The wardrobe would annoy me because there is no need to do it, I hate fitted wardrobes and like to choose what I have in rooms.


Whether the changes are material enough for them to consult you who knows. The kitchen is really the only change you could argue with, as a kitchen colour you don't like and didn't agree to will annoy you every day (multiple times).