Canceling building work

Ergates

nowhereboy said:

Yup I now understand we have a contract. 

Im still a bit unclear if it is considered on premise or off premise as I find the legislation open to interpretation. It states if quote left for customer to agree its classed as on premise but goes on to say unless quote accepted immediately its off premise, which it was in our case.   

I’ve read other cases online in which I’ve saw similar disputes about this. 

Given this stuff is crucial to a customers rights, this should be made clear at point of sale in my opinion but that won’t further my case. 

Im a first time home owner, this stuff is all new to me. I feel for the builder but naturally I want to walk away from this with as little damage as possible to my finances. 

Lessons have been learnt, to say the least. 

You said the builder visited your house, then sent you a quote later - which you agreed to.  I don't think this would count as being "accepted immediately"- I think that refers to cases where you sign the contract (or accept the quote) there and then whilst the builder (or whoever) is in your house.

sheramber

the_lunatic_is_in_my_head  covered that in an earlier post.

powerful_Rogue

@the_lunatic_is_in_my_head , what's the piece of legislation you quote, where the OP has not received the prescribed information, he doesn't have to pay for the traders labour?

nowhereboy

Traders that visit a consumer in their home and leave a quotation (or send one to them later), allowing them to decide and enter into a contract when they are ready to do so, will be entering into an 'on-premises contract'. This is because this transaction does not fall within the definition of an 'off-premises contract' unless the consumer agrees to the contract immediately after the trader has left their home, nor is it a 'distance contract'

Thats the bit at the bottom in bold thats causing the confusion for me. 

We, like it states here. Agreed immediately after he left our home. We did not take time to consider the offer etc. 

Maybe Im misconstruing that part but if it doesn’t mean what I think it means, what exactly does it mean? 

the_lunatic_is_in_my_head

powerful_Rogue said:

@the_lunatic_is_in_my_head , what's the piece of legislation you quote, where the OP has not received the prescribed information, he doesn't have to pay for the traders labour?

Off premises only for that one  

nowhereboy said:

Traders that visit a consumer in their home and leave a quotation (or send one to them later), allowing them to decide and enter into a contract when they are ready to do so, will be entering into an 'on-premises contract'. This is because this transaction does not fall within the definition of an 'off-premises contract' unless the consumer agrees to the contract immediately after the trader has left their home, nor is it a 'distance contract'

Thats the bit at the bottom in bold thats causing the confusion for me. 

We, like it states here. Agreed immediately after he left our home. We did not take time to consider the offer etc. 

Maybe Im misconstruing that part but if it doesn’t mean what I think it means, what exactly does it mean? 

Yes it’s a bit of an odd one, I think it means they gave you a quote at your home and literally as soon as the trader left you contacted them to agree but as the trader provided the quote after they left there was presumably somewhat of a gap in time between the trader departing from your home and you agreeing to the quote, unfortunately leading to on-premises.

Ergates

nowhereboy said:

Traders that visit a consumer in their home and leave a quotation (or send one to them later), allowing them to decide and enter into a contract when they are ready to do so, will be entering into an 'on-premises contract'. This is because this transaction does not fall within the definition of an 'off-premises contract' unless the consumer agrees to the contract immediately after the trader has left their home, nor is it a 'distance contract'

Thats the bit at the bottom in bold thats causing the confusion for me. 

We, like it states here. Agreed immediately after he left our home. We did not take time to consider the offer etc. 

Maybe Im misconstruing that part but if it doesn’t mean what I think it means, what exactly does it mean? 

Earlier you posted:
"Builder attended our home and said he’d get back to us with a price. He messaged later that day via whatsapp with a figure. We agreed to the price, he gave us a date and said he’d be in touch to arrange a specific time of arrival etc."

Which isn't immediately after he left your home.

nowhereboy

Correct.  

I thought it meant if you are given an offer but don’t accept/ take time to consider the offer and get back to the builder later down the line it would be on premise but if the offer was accepted immediately it would be off premise. 

Is the thought process behind this that if a sale is agreed in your home you may have been pressured or not in a position to make a informed decision or something to that effect? So the fact we agreed via text makes it off premise because we we’re in a position to think it over and therefore have less rights?

Im asking out of sheer curiosity at this point tbh. 

 

      

Bradden

nowhereboy said:

Is the thought process behind this that if a sale is agreed in your home you may have been pressured or not in a position to make a informed decision or something to that effect? So the fact we agreed via text makes it off premise because we we’re in a position to think it over and therefore have less rights?

      

I beleive that is exactly what the legislation is intended to protect consumers against.. the stereoypical double glazing pressured selling tactics.

Undervalued

nowhereboy said:

Correct.  

I thought it meant if you are given an offer but don’t accept/ take time to consider the offer and get back to the builder later down the line it would be on premise but if the offer was accepted immediately it would be off premise. 

Is the thought process behind this that if a sale is agreed in your home you may have been pressured or not in a position to make a informed decision or something to that effect? So the fact we agreed via text makes it off premise because we we’re in a position to think it over and therefore have less rights?

Im asking out of sheer curiosity at this point tbh. 

 

      

That is my clear understanding. 

Had you agreed whilst the builder was still in your house you may have had a viable legal argument. Once you didn't, he left then you agreed later by text / WattsApp, that clearly wasn't "immediate". I don't think it matters whether the delay was an hour or a day (or longer) as both are beyond any reasonable interpretation of "immediate".