Am I being lied to?

SarahC19

This is my first post so I hope I'm doing things correctly. 

I recently purchased a house and I am concerned that I am being lied to and deliberately ripped off.

Any legal advice or help would be greatly appreciated.

I was on a list for some time prior to the sales office opening as I had numerous notes of interest in via their website. When I noticed the sales office had opened I rushed along and asked why I hadn't been contacted. I was told they would get through their list and give me a call as soon as possible so we left, however, my husband said to me that surely we could book an appointment for when the sales office would open. I said I would phone, which I did and an appointment was confirmed. 

 

We went along for our meeting and we looked at the site map and my husband asked what plots would be available first, and we were told plots *** and so on. We were told that we could pick whatever plot we wanted as no-one had as yet, and that we were first on the list for that particulartype of house. We had pur eye on a particular plot. Fast forward a couple of months and I called at one point for a chat and when I was told rough timeframes I made a comment about being first on the list, only to be told I wasn't first on the list.  A discussion followed and I said I would need to take matters further. There were several witnesses to this not only in the meeting but during a telephone conversation too. 

I called and spoke to a man who told me he was the regional manager and I explained the situation to him. He said he'd have a look into it. He called me back and agreed with what the sales person said and that I was not first on the list but second. I told him that was absolutely not correct and after complaining and explaining things, he said he would get back to me. He called me some time later and told me everything was sorted and that I was first on the list. I asked what he had done and he told me not to worry, he had fixed it because he could. (Not his exact words but close).

Some time had passed and during one of my calls to reaffirm my interest I was told that the build root was being changed and that the house I intended to buy wouldn't be the next available house after all, but the third house to be built. Now, call me cynical but that sounds extremely suspicious to me. I raised this concern at the time and I was told it actually made sense and it can happen. 

The inevitable happened a few months later and I was called to be offered the plot I didn't want. It was known I didn't want it as my first choice and I obviously refused. I was disappointed but, I plodded on knowing full well that I wouldn't be moving into my new home anytime soon. Several weeks later I made a call to the sales office (I can't recall what for) and I was told they might be changing the build root again but this would be confirmed. Sure enough, I received the call to tell me it was. You can imagine how excited I was, although I was convinced there was reasons behind it that I would never know. 

I eventually received the call I was waiting for. I was told the price of the house in the space of a few weeks had increased by £17,000 and not forgetting the price increase for land tax and extras, which I only just found out had increased after I aaccepted the plot. I could have had the reduced price of extras had I been told this as it was only implemented on the 1st of April, I accepted my house on the 25th of March.  A house I really wanted, so of course I took it but not without feeling I had been conned.

Fast forward a couple of weeks and it still isn't sitting well with me. I, along with several others believe my plot was intended for someone that was known personally or at least favoured. I was first on the list, to then have that disputed, to then have it confirmed again. Then the plot I wanted being moved to third built from first built, then the build root changed again when I had refused the first plot. None of which makes sense. I know numerous builders and although this can happen, they too think it odd and said it doesn't normally happen.

A friend told me some time ago that he too wanted the same house type as me and that he too had his name down at the same site and that he too was first on the list. I told him that he wasn't because I was. Guess who bought the plot I refused?

It doesn't sit well with me and although I am fully aware that it is a business like any other, I  asked them to do the moral thing and take a look into it further for me. I think £17,000 is excessive by anyone's expectations and I asked if they could either take the £17,000 off the house or take it off the extras that I will be adding, only because that would have been the cost of my plot had they not have changed the build root. 

I sent the email above to the MD and he forwarded it onto the sales director and this was my response...

 

I appreciate your concerns raised in your email , however prices do increase and  unfortunately we are unable to reduce the plot by £17,000.00 or offer this as a discount on any additions you order.   

We do request that missives are signed six weeks after reserving the plot and if the build date is beyond your offer of loan period on occasions this does require an extension or a new application.

Purchasing a new home may raise many questions please be assured our sales advisors on site are there to help you on this journey.

I would like to send my best wishes on this next chapter.

If you read this far, thank you for taking the time. I am not sure what to do at this stage. 

Ath_Wat

Where are you in the process?  You say you "recently purchased a house", have you completed?

dimbo61

Have you got anything in writing ?
A contract saying you were first on the list ? NO I guess not.
It has been a crazy stupid housing market for the last 18 months mad worse by the stamp duty holiday.
Welcome to Great Britain
For any one of a thousand reasons they have picked other vendors to sign up for certain plots.
Is this in Scotland ?

TripleH

Sales people lie.

Houses are not built in order of when they are reserved. It's more a systematic plan according to the layout of the estate (I assume). We had friends who were second to reserve a certain property on their little estate. They were the last of the 4 identical houses to complete and move in because the other 3 were bought under various government schemes and had a specific deadline.

If there is lots of demand for certain plots they may allocate on a first to complete the reservation paperwork gets it rather than who is first to express interest.

Had you signed any paperwork and paid a deposit for reserving the property at the lower price? What did it say?

saajan_12

Wowza that's a long post. Bottom line is they're right, prices can increase and delays on building can affect different properties at different times. There's nothing binding on being first / n'th on the list, or that they can't change their list. Staying on them this much is great to give yourself the best chance to get the property you want, but its not a great negotiating poker face. It wouldn't make sense for them to reduce for someone who's shown they're VERY interested

At best there's some poor communication, which would get you an apology and maybe some compo - knock off several zeros from the 17,000 for an idea. 

canaldumidi

Clearly you have not "recently purchased a house" - you are in the process of trying to do so.

None of what you have said is relevant, or warrants a complaint or...

Where you are on this 'list' matters not a jot. The developer can sell to who they want, when they want.

Until you have exchanged contracts, there is no contract (hence the term 'exchange of contraxts'!), and either you or the seller can walk away.

SarahC19

Wow, are you always this rude when replying to people? 

The only thing left to do is conclude the missives, so I'd say bought in the process or whatever but I definitely think there is a complaint here.

I am fully aware they can sell to who they want but when a process is in place you'd think it only right to honour that process. Many people think this suspicious. 

SarahC19

Ath_Wat said:

Where are you in the process?  You say you "recently purchased a house", have you completed?

No I haven't yet completed. I was told to complain before I signed the missives. This is only weeks away from completion. I was also advised by a friend who works for another builder that they should have done more. 

canaldumidi

Well now that we know it's Scottish law that applies, and where you are in the process, perhaps more relevant comments are possible.

SarahC19

We asked what housed would be built first and picked accordingly. The first house meant to be released was the first one we picked, but the minute where I was on the list came in to dispute, the build root was changed. I have paid a deposit. 

Ath_Wat

I don't think it's "suspicious", they have just changed their minds.  If at the point of them changing their minds you had no contract binding them to do a particular thing, your option would have been to pull out then, not to to continue and raise complaints later.

As it is I don't think - I could be wrong and clarify if I am - that you have been forced to continue and buy a house you don't want, so I would question what you think you need to be compensated for?  Had you pulled out I would think you'd have a better case to be recompensed for any money you had spent up to that point, but if you have gone through and bought a house you wanted to buy, then I don't see it.

If what you want to do is make is a complaint about poor customer service then fine; but that will really be up to the company to deal with, not a legal matter.

I should add I don't know the Scottish process of what it means that you only have to conclude missives.