New build extras

badaz52

Hi everyone,

We bought a new build in January 2017. We purchased carpets through the builder which were installed for us by their contractor. I know the builder covers fixtures and fittings for 2 years after which point Buildmark kicks in that doesn't cover fixtures and fittings.

The carpets have worn very badly due to being installed incorrectly without the appropriate underlay, I can prove this and have quoted under the CRA 2015 that due to how the carpets were installed they are not of satisfactory quality, as described or fit for purpose.

The builder is telling me this doesn't matter. Are they right? does their warranty overrule the CRA 2015? as it is pertaining to an extra that they sold me rather than the build.

AdrianC

You only bought one thing - the house, complete with carpets. So your consumer rights pertain to that one purchase contract.

No, their warranty does not over-rule your statutory rights. But, because it's more than six months since the purchase, the onus is on you to prove the fault. You say you can, but you will need to do so to the satisfaction of a court if you cannot come to an agreement with the vendor. The cost of replacing the carpets should be within the scope of a small claim.

You may also need to take account of betterment, depending on what the perceived reasonable expectation of the life of properly-installed carpets should be - they've been down nearly three years, if they're perceived to have an expected life of ten years, then you can only expect to receive 70% of their value. If five years, then 40%.

badaz52

The carpet came with a 10 year stain guard guarantee, what other guarantee they have I am not sure as I wasn't given any paperwork. The carpet won't last 10 years as it has been installed with the wrong type of underlay which has reduced the life of the carpet significantly.

So it would be best to get prices of replacements and a professional opinion in writing for why the carpet has flattened down so poorly and then take it back to the builder? if all else fails then a small claims?

AdrianC

badaz52 wrote: »

The carpet came with a 10 year stain guard guarantee

But your problem isn't stains.

what other guarantee they have I am not sure as I wasn't given any paperwork.

From what you've said, none beyond the two years in which the vendor will accept snagging issues.

The carpet won't last 10 years as it has been installed with the wrong type of underlay which has reduced the life of the carpet significantly.

Like I said - "...the perceived reasonable expectation of the life of properly-installed carpets..." - in other words, how long would they last with the underlay?

So it would be best to get prices of replacements and a professional opinion in writing for why the carpet has flattened down so poorly and then take it back to the builder? if all else fails then a small claims?

You've already asked them to correct the issue, and they've refused? Then you're correct.

badaz52

AdrianC wrote: »

But your problem isn't stains.


From what you've said, none beyond the two years in which the vendor will accept snagging issues.


Like I said - "...the perceived reasonable expectation of the life of properly-installed carpets..." - in other words, how long would they last with the underlay?


You've already asked them to correct the issue, and they've refused? Then you're correct.

Yes they have refused but have quoted their warranty period so seem happy to disregard the CRA unless I can prove otherwise, not even an indication that it is up to me to prove it however. I've gone through similar things with electronics in the past so understand the process I just didn't know if it was different with new builds or not which you have confirmed is not the case so thank you.

AdrianC

badaz52 wrote: »

Yes they have refused but have quoted their warranty period

So there y'go - it's not covered under warranty. That has no bearing either way on your statutory rights.

so seem happy to disregard the CRA unless I can prove otherwise

I think you misunderstand - it's the law that says it's up to you to prove it, after six months.