New Build Purchase - Spec lowered after deposit paid!

MToon

Hoping for some advice please, first time buyer here - I viewed a property over Christmas that I was really interested in, it’s a new build and is built but hasn’t been fully fitted out yet and is around 3 months from full completion. I had a good chat with the developer on site and they ran through what could be expected in the finished property.  The kitchen was fitted out and had some appliances already installed but no fridge freezer, I mentioned this as I thought I’d seen it on the spec (from the Estate Agents website) but was told these weren’t included - I didn’t think much more of it.  The bathroom was part completed with the bath installed but the other items such as the sink and toilet were on back order and due to be delivered soon I was told.  

I was happy with the plot and was keen to put down a deposit to secure it given there were other interested parties.  As the interiors haven’t been fully finished the Estate Agents used photos of the interior from a more expensive detached property that was fully completed to give the buyer an idea of what they could expect, this was explained however, the fact the spec list being inaccurate was not.   

I put my £5k non-refundable deposit down directly with the developer and had it confirmed subsequently that the property was mine and Sold STC.  However, whilst inspecting the property specification / listing on the Estate Agents website in more detail there’s a few things I noticed about the property that haven’t been fitted or were not mentioned they would be.  This includes things such as a vanity unit and illuminated wall mounted mirror unit in the bathroom along with a fridge freezer and boiling water tap in the kitchen.  I emailed the Estate Agents about this earlier this week and I’ve been told that I will get a finalised spec list shortly.  

I’ve not had a response yet but have noticed that another plot (the same style / type as the one I’ve reserved) has now been updated with a much more generic specification, removing the specific items I’ve listed above.  I’ve also noticed they have updated the property I’ve put a deposit on to reflect the same changes!  Luckily I’ve got a copy of the original advert.  I looked at one of the more expensive detached property listings and as I suspected it seems the Estate Agents have copied the listing specification from that and used it for my original house advert.

Now I’m not wanting to be a pain and get off on the wrong foot but this has annoyed me slightly, as I paid my deposit assuming that I’d get the finished property as per the specification the Estate Agents advertised when I viewed the house.  Had the property been fully finished and ready to move into the spec list being wrong wouldn’t have bothered me as much as I should have checked for these things myself.  Now some things I’m not bothered about like the boiling water tap, but the others are going to mean I’m potentially going to have to pay out an extra £1000 or so to get them purchased and installed if I want them.  

I’m not sure who’s at fault here, is it the Estate Agents fault for advertising incorrectly or should the Developer have signed off any advert prior to it getting advertised?  If I do get a message back to say it’s been advertised incorrectly where do I stand - can I argue these things should be fitted at no cost to myself?  I’m not sure if the specification listed with the Estate Agents is legally binding as such. 

Doozergirl

The estate agent, primarily. 

Ask them for their formal complaint procedure and follow it for misdescription. 

They can lean on the developer, agree something with the developer or you push forward to the Ombudsman for your money back.    

It sounds like you have clear evidence from both the old and new adverts that something has definitely changed.  

RelievedSheff

The only thing that is legally binding is the documents you have signed at the sales office. What do they say?

MToon

Doozergirl said:

The estate agent, primarily. 

Ask them for their formal complaint procedure and follow it for misdescription. 

They can lean on the developer, agree something with the developer or you push forward to the Ombudsman for your money back.    

It sounds like you have clear evidence from both the old and new adverts that something has definitely changed.  

Thank you, I’ll wait to see what the Estate Agents comes back with first as the only thing they’ve said so far is they will have to check with the developer.  

The reason for the post is to sort of pre-empt their reply - I expect they’ll come back with a sorry we were incorrect but it’s tough sort of thing - especially given they’ve gone back and changed the description of the one I’ve bought rather than just future plots.

I’m glad I’ve got copies of the old advert before the changes have been made.  I’m not wanting to pull out over it or anything like that but it’s got me thinking what else will they potentially go back on, like the patio I was told about.     

MToon

No sales office with the Developer it’s all being marketed via the Estate Agents as they are only a small developer not a national builders.  

I’ve gone back through what I’ve signed but it’s only a reservation form for the non-refundable deposit which is quite sparse on detail if I’m honest.