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New build, additional works agreed changed by developer

Hi,
We recently negotiated on the purchase of a house based on some additional works being carried out.

It is a new build by a small developer asking price was £190k. It had been on the market complete for a few months, we are FTB. We wanted some additional works carried out as part of the sale. One of these was suggested by the developer who we met on site which was extending the garden round the side of the property.
We offered 182.5 which they agreed to but wouldn't do any of the additional work. So we reached an agreement of 185k which the works included.
We are hoping to exchange and complete in the next couple of weeks, and I contacted the estate agent for clarity on the work (some of which has already been done, some they are waiting for exchange).

Following a conversation today with the developer it now looks like they aren't willing to do what had been agreed. He said his partner (the one we met on site) had mislead us and what we are asking for isn't possible. (1. Because of budget, 2. Because this isn't what is on the plans as it means changing part of our parking space) and he basically said that was it and we would have to start again with the transaction.

Obviously neither of us want that, but also don't want to feel forced into a corner.

This also concerns us in terms of some of the snagging that needs doing in the property (i.e. we have already noticed a small damage to one of the integral units in the kitchen) and how easy it will be to get snagging carried out.

What are people's thoughts?

Should we stand our ground? Or renegotiate the asking price based on it isn't all that we asked for?

Thanks
Gemma

Comments

  • sal_III
    sal_III Posts: 1,953 Forumite
    Fifth Anniversary 1,000 Posts
    It all boils down to how badly you want the property. It's entirely subjective decision and only you know the answer.
  • eddddy
    eddddy Posts: 18,553 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    FWIW, based on the way you describe it, it sounds like you've been 'played'.

    i.e. The developer's selling strategy is a "double act" that works a bit like this:
    • Partner A suggests lots of things (like extending the garden) in order to get you to offer. Essentially offering almost anything, to get you 'hooked' and stopping you from walking away.
    • Your offer is accepted, and you start getting excited and deeply invested in your new property
    • Then Partner B tells you that Partner A made a mistake, and you can't have what Partner A offered
    • By this stage, they hope that you have become so 'hooked' on the property, that you won't walk away


    Or maybe I'm just becoming too cynical.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    You should have got the boundary clarified and seen the planning application for change of plot before proceeding.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Presumably you've not exchanged, so neither side is commited.


    Whether or not you've been played as per edddy's post, you must decide what to do.


    It does sound plausible that the planning permission requires a parking space which your adaption would remove. Without seeing the plans it's hard to comment. Applying to amend the plans would take time and might fail.


    If you're happy to take the property as it is, for 182.5K that is an option.You then have 2.5K in your pocket to get another builder/landscape gardener to change the garden.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Not clear but is the "garden" space down the side already within your footprint but currently your parking?

    You did check the planning for this development?
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    <shrug> Fine. £182,500 it is, then.

    £2.5k is going to be more than enough to "extend the garden" over the parking space.
  • Gem82
    Gem82 Posts: 17 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Thanks everyone. Meeting the developer on site again tomorrow!
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Gem82 wrote: »
    Thanks everyone. Meeting the developer on site again tomorrow!
    Fair enough. But I strongy recommend you look at the Planning Consent before then. You should have a copy already, but if not it's almost certainly on the council's website.
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