Builder not honoring contract

claremontboff

Hi MSE members,

I have reserved a new build flat and received a healthy reduction in price considering the market as well as the flat being the last one left in the complex.
While negotiating with the estate agent, I specifically asked for a particular flooring to be included in the price.
The offer was accepted and all previous owners were also given flooring budgets up to £5k and the type I chose also falls under this budget even on retail price from looking online.
I am close to exchanging and the builder is now saying I am only eligible for carpet.
Unfortunately, we were foolish and did not put down the type of flooring in our reservation form, it merely says price xxx including flooring.
Do I have any rights to force the builder to honor the promise?
Thank you in advance for all your help. Really appreciate it.

Alter_ego

If you want to take the chance, you could refuse to exchange till they agree.
Sometimes there are restrictions on hard flooring above ground floor though.

davidmcn

If you haven't exchanged then there is no contract - it's all still up for negotiation.

sal_III

You have no rights to force the builder. You can refuse to proceed with the exchange likely forfeiting the reservation fee and any expense you incurred thus far.

Bear in mind that most flats have restrictions on hard flooring in certain rooms (usually bedrooms) in the lease to combat noise. So if your quarrel is about hard flooring in the bedrooms it's most likely a lost cause regardless.

AdrianC

claremontboff wrote: »

While negotiating with the estate agent, I specifically asked for a particular flooring to be included in the price.
The offer was accepted and all previous owners were also given flooring budgets up to £5k and the type I chose also falls under this budget even on retail price from looking online.
I am close to exchanging and the builder is now saying I am only eligible for carpet.
Unfortunately, we were foolish and did not put down the type of flooring in our reservation form, it merely says price xxx including flooring.
Do I have any rights to force the builder to honor the promise?

They are honouring the documented reservation. Their recollection of whatever was agreed outside that documentation may well differ from yours - and they may never have had what you recall as the full detail passed on by the EA anyway.

If you don't want to purchase based on that, then you don't have to exchange.

What the builder may or may not have reportedly done for others is irrelevant.

ethank

I would push back and state that this is the first time you've stated this. Flooring does not mean carpet only!

Thrugelmir

ethank wrote: »

I would push back and state that this is the first time you've stated this. Flooring does not mean carpet only!

Read the lease for the property.

AdrianC

Thrugelmir wrote: »

Read the lease for the property.

Good point, given this is a flat...