Optional Extras - Claiming Them

RichardCUK

SO we recently pulled out of buying a house at the last minute as when we got the TP1 document we read all the T7C's of the covenant about the contract we enter with the maintenance company. For us this was something that should have been fully explained at the beginning of the procress.


Anyways we are currently in dispute with the developer about getting all of outr £500 dpeosit back (they say they will give us half).

But we paid for with our own money in full for optional extras. My question is from a legal stand point regardless of whether we buy the house or not (which we arent) arent those optional extras ours and seperate to the house? Can we claim we want them if they wont refund us for them?


Many Thanks,


Rich

davidmcn

What are the "optional extras" and have they already been installed in the property? What contract did you enter into about them? From previous discussions here I don't think you're necessarily entitled to any refund if you choose to pull out.

smdabs

RichardCUK wrote: »

But we paid for with our own money in full for optional extras. My question is from a legal stand point regardless of whether we buy the house or not (which we arent) arent those optional extras ours and seperate to the house? Can we claim we want them if they wont refund us for them?

By optional extras i take it you mean the optional extras on a new build? (Different flooring, kitchen style etc.)

If so, I would struggle to think of a reason why these goods wouldn't be refundable in full if they haven't been added to the house yet? Even if they had, they would then be selling the house at a premium price to re-coop so at worst, you could be liable for the difference between the 2.

A quick google search and there are quite a few people who have been told the optional extras were non-refundable (and these had already been added!) however with the threat of a lawyer looking over the contract terms and conditions and funnily enough they refunded before the lawyer had a chance...

RichardCUK

My thinking is if they wont refund for the value I'll take the actual dishwasher. Like physically take it. Surely as we paid for it it's our's?

AdrianC

RichardCUK wrote: »

My thinking is if they wont refund for the value I'll take the actual dishwasher. Like physically take it. Surely as we paid for it it's our's?

No. It doesn't work like that.

What did the contract you signed for the "extras" say?

eddddy

RichardCUK wrote: »

SO we recently pulled out of buying a house at the last minute as when we got the TP1 document we read all the T7C's of the covenant about the contract we enter with the maintenance company. For us this was something that should have been fully explained at the beginning of the procress.

Are you sure you weren't told about the covenant?

Is the developer a member of the 'Consumer Code for New Homes'. If so, that would be a breach of their mandatory terms:

4.1 Pre-Purchase Information
Buyers must be given enough suitable pre-purchase information to help them make an informed decision about purchasing a New Home.

In all cases this information must include:

• a written Reservation Agreement.
• an explanation of the Structural Warranty cover.
• a description of any Management Services & organisations to which the Buyer will be committed and an estimate of the associated cost.

Goto https://www.consumercodefornewhomes.com/overview-of-the-code/4591786489 and click on 'download the code'

TBH, even if they aren't members of the 'Consumer Code for New Homes' - you could argue that they breached the the 'Consumer Protection Regulations' by making a 'misleading omission' when they were encouraging you to sign the contract for the extras.

i.e. Had they told you about the covenant, you wouldn't have signed the contract for the optional extras.

And use that as a basis for asking for your money back.

AdrianC

eddddy wrote: »

Are you sure you weren't told about the covenant?

Any bets that the solicitor was "recommended" by the developer, and just glossed that bit over? Or the OP was so excited they simply didn't listen...?