House being used as a show home without my knowledge

leeb1977

AdrianC said:

leeb1977 said:

I’ve reserved based on seeing the house in x condition, mortgage gets sorted, I go to exchange and it’s in a different condition, I’m stuck with it

What does the reservation say about condition?

Generally, you exchange based on the condition at the date of exchange.

Nothing, it’s a very generic form, all it talks about is dates we need to hit, to keep the house and the extras they’ve included as incentives.

AdrianC

leeb1977 said:

I’ve been through all the documents provided, and our reservation form, and there’s nothing about what condition they’ll provide it in, or saying what they can, (or can’t) do to the house after I’ve reserved.

There's your answer, then.

Their house, they can do what they like with it until you buy it. The condition at exchange of contracts is the condition you buy it in.

leeb1977

AdrianC said:

leeb1977 said:

I’ve been through all the documents provided, and our reservation form, and there’s nothing about what condition they’ll provide it in, or saying what they can, (or can’t) do to the house after I’ve reserved.

There's your answer, then.

Their house, they can do what they like with it until you buy it. The condition at exchange of contracts is the condition you buy it in.

Cheers, yep, guess I just need to be prepared to walk away, and ship the family off to my mums for a bit whilst we find somewhere else I guess.

pmlindyloo

I think I would be a bit miffed too although I agree with the comments that you have only reserved it at the moment.
Once you get everything in place - i.e sold your house and ready to exchange - I would be inclined to get in writing - perhaps through your solicitor - 'make good any wear or tear that has been a result of their using it as a show home.

leeb1977

pmlindyloo said:

I think I would be a bit miffed too although I agree with the comments that you have only reserved it at the moment.
Once you get everything in place - i.e sold your house and ready to exchange - I would be inclined to get in writing - perhaps through your solicitor - 'make good any wear or tear that has been a result of their using it as a show home.

Cheers, the solicitor has received a draft copy of the contract which they’re reviewing, guess I’ll see that soon, and as you say might be worth speaking to them about adding something in about the condition, if that’s possible. Can’t harm to ask I guess.

AdrianC

leeb1977 said:

AdrianC said:

leeb1977 said:

I’ve been through all the documents provided, and our reservation form, and there’s nothing about what condition they’ll provide it in, or saying what they can, (or can’t) do to the house after I’ve reserved.

There's your answer, then.

Their house, they can do what they like with it until you buy it. The condition at exchange of contracts is the condition you buy it in.

Cheers, yep, guess I just need to be prepared to walk away, and ship the family off to my mums for a bit whilst we find somewhere else I guess.

You would actually walk away over this...?

lesalanos

Have a walk up and see if they are using as a show home or ask a friend to call round if they might recognise you.  At least then you know for sure and can then decide your next actions 

getmore4less

Doubt the contract will say new "unused" carpets.
How much extra was it, if it is to showhome standards with the extras,  over an of the shelf one?

leeb1977

AdrianC said:

leeb1977 said:

AdrianC said:

leeb1977 said:

I’ve been through all the documents provided, and our reservation form, and there’s nothing about what condition they’ll provide it in, or saying what they can, (or can’t) do to the house after I’ve reserved.

There's your answer, then.

Their house, they can do what they like with it until you buy it. The condition at exchange of contracts is the condition you buy it in.

Cheers, yep, guess I just need to be prepared to walk away, and ship the family off to my mums for a bit whilst we find somewhere else I guess.

You would actually walk away over this...?

Depending on the state I might, yes.

You pay a premium for a new build for a reason, if I then have to get carpet cleaners in, repair defects etc, then it starts to lose any appeal to me. It’s no longer the place I reserved / wanted.

I know there’s supposed to be a warranty, but I also know that’s worthless once you’re in.

leeb1977

lesalanos said:

Have a walk up and see if they are using as a show home or ask a friend to call round if they might recognise you.  At least then you know for sure and can then decide your next actions 

Hmm, good idea, my wife’s parents want to see the house, might get them to book an appointment with the sales office, pretending to be interested.