Taylor Wimpey reservation fee not fuly refunded

MaDMaX**

So in June we reserved our new home with a £1000 deposit , 
we had buyers for our house from July, so it was just them, us and Taylor Wimpey, 
 end of august/beginning of September, Taylor Wimpey sent a few threatening emails, saying they wanted the purchase completed asap, despite the new house not officially being signed off itself, 2 weeks ago they said they wanted the exchange of contracts done by 16th September with completion by no later than the 30th September or they will withdraw the sale and re advertise the property, 

due to waiting for all parties to agree a completion date of 29th, the exchange of contracts could not be done by 16th due to time need to sort the paper work etc, but would be done by 20/21st at the latest, (all parties had agreed the 29th on 15th September),
and Taylor Wimpey were kept inform all the way, despite this, they pulled the plug 13:50 on the 16th, basically stating the sales director had pulled the house from purchase! Our reservation was cancelled, and that evening the house was relisted at £30k above the price we were paying for it, 

thats it no other communications since, 

i have called them twice this week to chase our refund, and today i get a notification from my bank, they are refunding me £500 !

in their T& C’s it states all the scenarios for what when and why with the refund, but nothing is mentioned if they pull the plug, 

part of me just wants done with it, but then the other part feels like !!!!!!!

is there anything i can do with getting the full refunds back, other than the small claims court or a solicitor ! Either way its going to cost me 

user1977

MaDMaX** said:

in their T& C’s it states all the scenarios for what when and why with the refund

Would help if you told us what they were.

MaDMaX**

TAYLOR WlMPEY STANDARD TERMS AND CONDlTlONS OF RESERVATlON SUBJECT TO CONTRACT

Revised in accordance with the Consumers Code for Home Builders ("CCHB") (June 2019 v4)

1. GENERAL

1.1 The Company agrees not to sell or agree to sell the Property to another Buyer during the Reservation Period which begins on the

Reservation Date and ends on the Reservation Expiry Date shown on the Reservation Agreement.The Reservation is subject to these

terms and conditions.

The Buyer agrees to use all reasonable endeavours to proceed to an exchange of Contracts to purchase the Property on or before the

Reservation Expiry Date.

1.2 The Price and any marketing incentives shall only remain valid during the Reservation Period and may be varied by the Company if

contracts have not been exchanged by the Reservation Expiry Date.

1.3 Where marketing incentives are offered as part of the terms of the sale, specific conditions may also apply to the offer which will

supersede the conditions outlined in sections 2 to 5.

Where the Buyer has ordered Options specific Terms and Conditions apply to the order which are shown on the Options Order Form

1.4 The Company may need to make reasonable variations to the time periods in these terms and conditions in relation to any

particular property or development and will notify the Buyer of any such variations.

1.5 The terms of the Reservation relate only to a specific plot and are not transferable to other plots.

1.6 This Reservation Agreement may be signed in any number of counterparts, each of which, when signed and delivered (to include delivery by

email), shall be an original and all of which together shall constitute the same Reservation Agreement. Scanned signatures and any other

electronic signature (whatever form the electronic signature takes including digital signatures) shall be deemed the same as original

signatures and each party agrees that these shall be considered legal and binding for the purposes of this Reservation Agreement.

2. RESERVATION FEE

2.1 If the Buyer cancels the Reservation or withdraws from the proposed purchase before the legal documents are issued to the Buyers

Conveyancer then the Reservation Fee will be refunded less the sum of £100.00 which will be retained by the Company towards its

administrative expenses.

2.2 If the Buyer cancels the Reservation or withdraws from the proposed purchase after the issue of the legal documents to the Buyer's

Conveyancer then the Reservation Fee will be refunded less the sum of £500.00 which will be retained by the Company towards its legal

and administrative expenses.

2.3 If the Buyer exchanges Contracts for the purchase of the property the whole of the Reservation Fee will be credited towards the

purchase of the property.

3. CASH/MORTGAGE FUNDED PURCHASES

3.1 Notwithstanding the provisions of condition 1.4 if the Buyer does not, for any reason, exchange contracts for the purchase of the

property on or before the Reservation Expiry Date, the reservation shall automatically expire at 5pm on that date, in which case the

Company shall refund the Reservation Fee less the administration fee of £500.00.

4. INVESTMENT PURCHASES (excluded from "CCHB")

4.1 The minimum reservation fee for properties purchased by investors (both private individuals and companies) is 1% of the contract price and is

non-refundable.

4.2 An investor must pay a minimum of 10% deposit upon exchange of contracts.

5. OPTIONAL EXTRAS PAYMENT

5.1 The availability of Optional Extras is at the discretion of the Company and is subject to both the construction stage of the property and

specific Terms and Conditions which apply.

5.2 If as a consequence of the construction stage of the property the company is unable to process all or any part of an order for Optional

Extras, for which payment has already been made by the Buyer, only payment for those items which cannot be included in the property

will be refunded in full to the Buyer.

5.3 If for any reason, not being the fault of the Company, the sale and purchase of the property does not proceed, the Company

reserves to itself, in its absolute discretion, the right to retain all or any part of any amount paid in respect of the Optional Extras.

6. TAXATION

6.1 Value Added Tax, where applicable, is included at the current appropriate rate. Stamp Duty Land Tax is payable on all property

transactions; Buyers should take advice from their Conveyancer.

7. DATA PROTECTION ACT

7.1 We are committed to protecting your privacy. This notice explains how we will use your personal data. We will process personal data

relating to you, any individual purchasing a property jointly with you and sometimes people living with you. This personal data will be

obtained from you, your joint buyer and information obtained from third parties, including financial and legal advisors and estate

agents.

This personal data will be processed by us in both electronic and manual form. The personal data will be used for: verifying identities;

sale/purchase and marketing of properties and associated property options; to manage our relationship with you and to improve our

services. We will provide personal data to third parties in connection with the sale of a property to you, e.g. third party contractors and

suppliers, our legal advisors, estate agents, the NHBC, utilities suppliers and local authorities. We may store or process personal data

outside of the EEA.

If you provide to us any personal data relating to a third party individual, usually a joint buyer or person living with you, you confirm and

agree that you have the consent and agreement of that third party individual to provide to us their personal data and for us to process it

in accordance with this notice.

tooldle

Did you have any 'extras'? Did they pull the plug, or do they see it as you pulling the plug through not meeting a deadline?

SeanG79

3. CASH/MORTGAGE FUNDED PURCHASES

3.1 Notwithstanding the provisions of condition 1.4 if the Buyer does not, for any reason, exchange contracts for the purchase of the

property on or before the Reservation Expiry Date, the reservation shall automatically expire at 5pm on that date, in which case the

Company shall refund the Reservation Fee less the administration fee of £500.00.

Chandler85

The argument could be made that if the expiry time is at 5pm on the date (seemingly the 16th September 2022 in this case) but the sales director/ manager or whatever pulled the sale at 13:50, then they didn't comply with their own Ts and Cs as the buyer/ OP still had time to exchange when it was pulled.  Though exchange seemed extremely unlikely.

tooldle

Chandler85 said:

The argument could be made that if the expiry time is at 5pm on the date (seemingly the 16th September 2022 in this case) but the sales director/ manager or whatever pulled the sale at 13:50, then they didn't comply with their own Ts and Cs as the buyer/ OP still had time to exchange when it was pulled.  Though exchange seemed extremely unlikely.

OP implies he/she had confirmed exchange could not happen until 20th/21st, hence giving the go ahead for the builder to pull the plug.

SeanG79

Chandler85 said:

The argument could be made that if the expiry time is at 5pm on the date (seemingly the 16th September 2022 in this case) but the sales director/ manager or whatever pulled the sale at 13:50, then they didn't comply with their own Ts and Cs as the buyer/ OP still had time to exchange when it was pulled.  Though exchange seemed extremely unlikely.

OP said all parties agreed exchange on the 15th, then on the 16th TW pulled out 

MaDMaX**

tooldle said:

Did you have any 'extras'? Did they pull the plug, or do they see it as you pulling the plug through not meeting a deadline?

The extras were already chosen by a previous buyer who pulled out due to ill health, they pulled the plug, but i guess you could say we missed a deadline, but the actually deadline for comp;et i on was 30th sep, so not in my mind !

SeanG79 said:

3. CASH/MORTGAGE FUNDED PURCHASES

3.1 Notwithstanding the provisions of condition 1.4 if the Buyer does not, for any reason, exchange contracts for the purchase of the

property on or before the Reservation Expiry Date, the reservation shall automatically expire at 5pm on that date, in which case the

Company shall refund the Reservation Fee less the administration fee of £500.00.

Yeah 1:51pm  is not 5pm thou is it, 

tooldle said:

Chandler85 said:

The argument could be made that if the expiry time is at 5pm on the date (seemingly the 16th September 2022 in this case) but the sales director/ manager or whatever pulled the sale at 13:50, then they didn't comply with their own Ts and Cs as the buyer/ OP still had time to exchange when it was pulled.  Though exchange seemed extremely unlikely.

OP implies he/she had confirmed exchange could not happen until 20th/21st, hence giving the go ahead for the builder to pull the plug.

They were told we needed a couple of more days, no date given but you could assume that would be the dates exchange would of taken place

thanks for all the replies 

While i agree with would you all have said and asked, if Taylor Wimpey had replied to an email i sent today stating the above and just saying there was nothing more that could be done and they personally didn’t see the purchase completing,
I would have conceded the point
but they just sent an email stating the above obviously but fabricating the truth by saying they had received no communication from me prior to them pulling the house and acting like they have herd nothing since me placing the reservation in June 

I am currently getting advice on writing a reply to that, as have every single bit of communication between all involved, and just need to get my point over if nothing else, depending on their reply i may seek a solicitors advice on if i have a leg to stand on, if not thats fine, 

its not a lot of money in the grand scheme of life!, but their reply has just p£$%Ed me off lol

tooldle

SeanG79 said:

Chandler85 said:

The argument could be made that if the expiry time is at 5pm on the date (seemingly the 16th September 2022 in this case) but the sales director/ manager or whatever pulled the sale at 13:50, then they didn't comply with their own Ts and Cs as the buyer/ OP still had time to exchange when it was pulled.  Though exchange seemed extremely unlikely.

OP said all parties agreed exchange on the 15th, then on the 16th TW pulled out 

I think the OP is saying, on the 15th all parties reached an agreement to exchange on 20th/21st of the month with completion on 29th. By all parties the OP means themselves and their buyer. TW had already been clear on their position i.e. exchange on or by 16th.

tooldle

MaDMaX** said:

tooldle said:

Did you have any 'extras'? Did they pull the plug, or do they see it as you pulling the plug through not meeting a deadline?

The extras were already chosen by a previous buyer who pulled out due to ill health, they pulled the plug, but i guess you could say we missed a deadline, but the actually deadline for comp;et i on was 30th sep, so not in my mind !

SeanG79 said:

3. CASH/MORTGAGE FUNDED PURCHASES

3.1 Notwithstanding the provisions of condition 1.4 if the Buyer does not, for any reason, exchange contracts for the purchase of the

property on or before the Reservation Expiry Date, the reservation shall automatically expire at 5pm on that date, in which case the

Company shall refund the Reservation Fee less the administration fee of £500.00.

Yeah 1:51pm  is not 5pm thou is it, 

tooldle said:

Chandler85 said:

The argument could be made that if the expiry time is at 5pm on the date (seemingly the 16th September 2022 in this case) but the sales director/ manager or whatever pulled the sale at 13:50, then they didn't comply with their own Ts and Cs as the buyer/ OP still had time to exchange when it was pulled.  Though exchange seemed extremely unlikely.

OP implies he/she had confirmed exchange could not happen until 20th/21st, hence giving the go ahead for the builder to pull the plug.

They were told we needed a couple of more days, no date given but you could assume that would be the dates exchange would of taken place

thanks for all the replies 

While i agree with would you all have said and asked, if Taylor Wimpey had replied to an email i sent today stating the above and just saying there was nothing more that could be done and they personally didn’t see the purchase completing,
I would have conceded the point
but they just sent an email stating the above obviously but fabricating the truth by saying they had received no communication from me prior to them pulling the house and acting like they have herd nothing since me placing the reservation in June 

I am currently getting advice on writing a reply to that, as have every single bit of communication between all involved, and just need to get my point over if nothing else, depending on their reply i may seek a solicitors advice on if i have a leg to stand on, if not thats fine, 

its not a lot of money in the grand scheme of life!, but their reply has just p£$%Ed me off lol

Ok, so you told TW that you needed more time? Are you saying that you did not at any time confirm an exchange date of xx had been agreed between yourselves and your buyer? If so, the only message they are hearing is 'i need more time'.
Had the reservation expiry date already been extended, or had it always been 16th of this month?