New build differs to brochure

jonnym1985

Hi all,

today we got the first walkthrough of our new build before completion in 2 weeks….and to our shock the house does not match the brochure.

The living room advertised in the brochure had 2 more windows (on the gable wall) meaning the fireplace was on a different wall (the one adjoining kitchen)

We did not like it there and requested it be moved to the wall adjoining the hallway - not where we would have wanted it but the best of the remaining options) and this did not cost us as happened before first fix.

Well, today we now have a room with only 2 windows and the fireplace moved to where we requested….but had we known the windows were not being built the fireplace would have been positioned there as per most normal 3 bed houses (I hope you can visualise this)

we are furious, house plus upgrades cost us £197k and we have asked the contractors ring us to discuss.

where do we stand legally with the brochure (basically their advert) misspelling a completely different layout of living room?

to add stress to the situation we need to be out of our current apartment by 1st March.

what could be the potential fixes? If they refuse to amend is this a breach of contract? Would it be acceptable to ask for compensation ie money taken off our other upgrades?

thanks for taking time to read and reply.

cheers

GixerKate

Have you exchanged? what do the plans show?  I'm having trouble visualising this if I'm honest so an upload of plans, diagrams etc would be very helpful.  New builds or any house for that matter can be different to the brochure, its the plans that are key.

RelievedSheff

There will be a statement in the brochure along the lines of pictures are for illustrative purposes only.

This is what was included with on ours:

You really won't get far with your complaint.

Surely you have seen the property before now? Why didn't you flag up the "problem" previously?

comeandgo

You can ask for something but the brochure is not what you go by.  Our brochure had a sports car in the driveway.  Did you not see the actual drawings, plans of your property?  Did you ask for them?  If you have not exchanged and you do not like the property would the developer have something you do like and you could buy it instead?  

user1977

You're entitled to get whatever your contract says you're to get. What does it say?

Section62

jonnym1985 said:

The living room advertised in the brochure had 2 more windows (on the gable wall) meaning the fireplace was on a different wall (the one adjoining kitchen)

We did not like it there and requested it be moved to the wall adjoining the hallway - not where we would have wanted it but the best of the remaining options) and this did not cost us as happened before first fix.

Well, today we now have a room with only 2 windows and the fireplace moved to where we requested….but had we known the windows were not being built the fireplace would have been positioned there as per most normal 3 bed houses (I hope you can visualise this)

You asked for the fireplace to be moved, but did you explicitly request the additional windows?

Did they say why they had altered the details when you had this conversation with them?

Are there any other properties of the same type/style on the development, and if so, have they been built the same way?

ProDave

"The living room advertised in the brochure had 2 more windows (on the gable wall) meaning the fireplace was on a different wall (the one adjoining kitchen)
.......
Well, today we now have a room with only 2 windows and the fireplace moved to where we requested….but had we known the windows were not being built the fireplace would have been positioned there as per most normal 3 bed houses (I hope you can visualise this)"

Forgive my confusion.

On first inspection there were 2 more windows than you expected, meaning they moved the fireplace.

Then on next inspection there were only 2 windows.  So I assume they bricked up 1 or more windows.  Did they think that was what you wanted, the original number of windows where the plan says?

This highlights the importance of clear communication.  Something which your original post did not show a natural talent in.

Schwarzwald

jonnym1985 said:

where do we stand legally with the brochure (basically their advert) misspelling a completely different layout of living room?
...

If they refuse to amend is this a breach of contract?
....

hard to visualise the layout, post is pretty confusing.

you also seem to be confusing terms ... either you say that the brochure is legally valid, then it would not be "breach of contract"
OR
the contract provides the legal grounds for the agreement, then the "brochure" is more likely than not of v limited legal relevance; more likely to just serves as an exemplary illustration of how it might look at the end, without any obligation to look exactly the same. Generally, that shoul be pretty much normal .... is a marketing brochure after all

ultimately, you need to check what the contracts say on which basis you bought the property.

but as poster said previously, if this is your typical communication style, I am not surprised people might get confused what you want.

km1500

In general, if you are shown a brochure, plans etc before you agree a purchase then these are things that you rely on when making a pre-purchase decision.

Thus, although it is pretty standard to put a clause in the contract not to rely on brochures, if the house is significantly different from what you were led to believe then the contract can be voided on the grounds of mistake (ie there was no 'meeting of minds'. Person A thought they were buying something and person B thought they were selling something but the two things are different).

Decide what you want (eg for them.to install the windows you expected) have a look at the sales contract,  and then be guided by your solicitor.

lincroft1710

I presume the "fireplace" was just a decorative feature, otherwise moving it and the associated chimney breast would be a major undertaking.

jonnym1985

ProDave said:

"The living room advertised in the brochure had 2 more windows (on the gable wall) meaning the fireplace was on a different wall (the one adjoining kitchen)
.......
Well, today we now have a room with only 2 windows and the fireplace moved to where we requested….but had we known the windows were not being built the fireplace would have been positioned there as per most normal 3 bed houses (I hope you can visualise this)"

Forgive my confusion.

On first inspection there were 2 more windows than you expected, meaning they moved the fireplace.

Then on next inspection there were only 2 windows.  So I assume they bricked up 1 or more windows.  Did they think that was what you wanted, the original number of windows where the plan says?

This highlights the importance of clear communication.  Something which your original post did not show a natural talent in.

Thank you for taking the time to be unnecessarily rude, appreciate the help. Many thanks