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Mis-sold a house!

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Comments

  • Davesnave
    Davesnave Posts: 34,741 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    eddddy wrote: »
    It does sound like the builder messed up.
    • They contractually agreed to put flooring in the loft
    • They contractually agreed to give you a warranty

    However, it sounds like the flooring would invalidate the warranty.
    The builder has put down three boards in the loft, apparently where it will not invalidate the warranty, so they will say this is the 'flooring' if no set amount was agreed in the contract.


    We'd have to know exactly what the contract says to be sure whether this would be a tenable position or not.
  • ACG
    ACG Posts: 24,979 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Regardless of whether or not people on here deem it to be ridiculous or OTT, there is evidence it was important to the person buying the house.

    Legally, I have no idea where you stand, most contracts are either too vague or too complicated which makes it easy to pull holes in them. If you are wanting to undo the sale of the house and get money back to reimburse you/compensation you are probably going to have a touch ask on your hands. But you need proper legal advice from someone qualified in litigation.

    If you want compensation, then you write the builder a letter asking for whatever you want (small claims court has a £5k limit I think - unless it has been increased). If there is no reply/no joy you can then write a letter before action which basically gives them 2 weeks to come up with something satisfactory or it goes to court. You are then at the mercy of a judge who will either side with you or against you based on paperwork and the balance of probabilities.
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a mortgage adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • babyblade41
    babyblade41 Posts: 3,968 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    I have no problem with the Op stating that whatever was written in the contract if indeed it was as this is unknown, hasn't been done for whatever reason then they do have a valid point in this respect, especially if the extra was paid for ... they will need a refund of that expense... but mis sold the house ??? No, not at all

    Can I really believe that they would not have bought this house because builder didn't board the loft ? I don't think so .. you don't live in the loft


    The whole business of buying and selling is usually compromise and accepting things don't always go to plan .

    In my current purchase back in January it included a bedroom with wall to wall fitted wardrobes ..the sellers took them out .

    To say I wouldn't have continued on with completion (the removal was after exchange and a couple of days before completion as OH checked ) would have taken months to sort out with a lot of stress and possibly financial implications as well wasn't worth the hassle


    Sometimes we need to put our big girl pants on and hitch em up
  • Davesnave
    Davesnave Posts: 34,741 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    When we ran into a problem like this with our conservatory, we asked the company to advise us of the cost to alter to the specs we thought had been agreed and which were shown (poorly) in plans we repeatedly asked them to clarify. Like the OP, we'd been strung-along to what the company believed was a point of no return.

    We still held some cards, though, as the bulk of the payment had not been made.

    The company estimated the cost to alter would be £4k but, as in this case, warned that there might be further problems arising, so we cut and ran, leaving them short of £4k.

    The company pursued us, until I found a clause in the contract they'd definitely broken. Once informed about that, even with the offer of arbitration through their trade association, they ceased to press for the money. The trade association also failed to respond.

    That's why the OP needs a solicitor experienced in these matters to advise if they have a case or not, depending on what the paperwork says. As a newbie, they certainly don't need old hands here telling them to get over themselves.
  • BikingBud
    BikingBud Posts: 2,853 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Do you have a header tank in the loft void? Only one for cold or also one for CH?

    Or possibly a HW cylinder?

    How big?

    How much weight is there already? A 250l water tank will weigh 250kg

    How is that supported?

    That may give you an idea of how the trusses are rated and a sense of realism about the problem.
    Your life is too short to be unhappy 5 days a week in exchange for 2 days of freedom!
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    BikingBud wrote: »
    Do you have a header tank in the loft void? Only one for cold or also one for CH?
    In any vaguely modern house...?!?
  • edgex
    edgex Posts: 4,212 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    ACG wrote: »
    Regardless of whether or not people on here deem it to be ridiculous or OTT, there is evidence it was important to the person buying the house.

    Then they should have been looking at, & ultimately buying, a property that actually had suitable storage space.

    People are making the biggest purchase of their lives, spending £1/4m+ easily, & do zero research.
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