Parking mis-sold

davidmcn

AdrianC said:

JamoLew said:

I assume that you weren't given the opportunity to view the space before you paid for it

The joys of purchasing new-builds off-plan...

The OP's previous posts suggest that it was fully built when they exchanged, so in theory they ought to have been able to inspect the car park.

AdrianC

davidmcn said:

AdrianC said:

JamoLew said:

I assume that you weren't given the opportunity to view the space before you paid for it

The joys of purchasing new-builds off-plan...

The OP's previous posts suggest that it was fully built when they exchanged, so in theory they ought to have been able to inspect the car park.

Ah, yes. So it does.
https://forums.moneysavingexpert.com/discussion/comment/77764808#Comment_77764808
10th Nov - "We thought we were close to exchanging this week ... The Flat we are in the process of buying is a new build ( August 2020) and is 1 of 20 in the block of flats . 10 residence have moved in since August (2 With NatWest as a lender already) and 5 are expected to exchange this week ."

That puts a very different spin on the issue. In those circumstances, offering to swap for the legal cost seems very reasonable.

Mckenna1992

We have since changed to a kuga, and no we viewed the building plans but did not view the car space. 

The space we do not own however are leasing for 150 years and paid £15,000 for this . 

In our contract it states:  

Resident has the right to park a permitted vehicle in the parking space. 

Seeing as we are unable to fit our car in the space provided, I believe the developer is breaching our contract. 

searchlight123

Mckenna1992 said:

We have since changed to a kuga, and no we viewed the building plans but did not view the car space. 

The space we do not own however are leasing for 150 years and paid £15,000 for this . 

In our contract it states:  

Resident has the right to park a permitted vehicle in the parking space. 

Seeing as we are unable to fit our car in the space provided, I believe the developer is breaching our contract. 

have the developers indicated to you what the legal charges are going to be? if it were me, and these charges were not outrageous, whilst there are still spaces to swap to, i would do this and then check out my legal position of recouping my costs. possibly get some free legal advice from your home insurance if you have legal cover included?

AdrianC

Mckenna1992 said:

We have since changed to a kuga, and no we viewed the building plans but did not view the car space. 

The space we do not own however are leasing for 150 years and paid £15,000 for this . 

In our contract it states:  

Resident has the right to park a permitted vehicle in the parking space. 

Seeing as we are unable to fit our car in the space provided, I believe the developer is breaching our contract. 

No, you have the right to park a permitted vehicle there. That right does not imply any promises about what will or will not fit.

Given that the space was available to view, but you chose not to, prior to purchase... If you had viewed, you could have changed space then as part of the conveyancing.

davidmcn

Mckenna1992 said:

We have since changed to a kuga, and no we viewed the building plans but did not view the car space. 

The space we do not own however are leasing for 150 years and paid £15,000 for this . 

In our contract it states:  

Resident has the right to park a permitted vehicle in the parking space. 

Seeing as we are unable to fit our car in the space provided, I believe the developer is breaching our contract. 

No, it doesn't mean you can fit any car in the space, just that you have the right to park a car within your demise.
If the pipes are encroaching on your demise though I think your best argument is that you haven't been given vacant possession of the full space shown on the plan.

JamoLew

tonygold said:

Mckenna1992 said:

We have since changed to a kuga, and no we viewed the building plans but did not view the car space. 

The space we do not own however are leasing for 150 years and paid £15,000 for this . 

In our contract it states:  

Resident has the right to park a permitted vehicle in the parking space. 

Seeing as we are unable to fit our car in the space provided, I believe the developer is breaching our contract. 

have the developers indicated to you what the legal charges are going to be? if it were me, and these charges were not outrageous, whilst there are still spaces to swap to, i would do this and then check out my legal position of recouping my costs. possibly get some free legal advice from your home insurance if you have legal cover included?

This seems like a sensible approach

Mckenna1992

AdrianC said:

Mckenna1992 said:

We have since changed to a kuga, and no we viewed the building plans but did not view the car space. 

The space we do not own however are leasing for 150 years and paid £15,000 for this . 

In our contract it states:  

Resident has the right to park a permitted vehicle in the parking space. 

Seeing as we are unable to fit our car in the space provided, I believe the developer is breaching our contract. 

No, you have the right to park a permitted vehicle there. That right does not imply any promises about what will or will not fit.

Given that the space was available to view, but you chose not to, prior to purchase... If you had viewed, you could have changed space then as part of the conveyancing.

Maybe this is the case however we trusted the plans which had been provided by the developer which shows no indication of pipe work present. 

AdrianC

Mckenna1992 said:

AdrianC said:

Mckenna1992 said:

We have since changed to a kuga, and no we viewed the building plans but did not view the car space. 

The space we do not own however are leasing for 150 years and paid £15,000 for this . 

In our contract it states:  

Resident has the right to park a permitted vehicle in the parking space. 

Seeing as we are unable to fit our car in the space provided, I believe the developer is breaching our contract. 

No, you have the right to park a permitted vehicle there. That right does not imply any promises about what will or will not fit.

Given that the space was available to view, but you chose not to, prior to purchase... If you had viewed, you could have changed space then as part of the conveyancing.

Maybe this is the case however we trusted the plans which had been provided by the developer which shows no indication of pipe work present. 

Plans are lovely pre-build. They're also heavily caveated about how the reality may differ due to service requirements. But relying on those plans once the actual car park is built...? I mean, you visited the flat itself, right...? It wouldn't have been a massive inconvenience to say "Can we just pop down to the car park and see which space is included?"...

Mckenna1992

Nope you are right in hindsight we should of requested to see the car park space. So the fact that our parking space does not match the deeds or the plans is irrelevant?