New build differs to brochure

jonnym1985

First picture is taken from the brochure and what we thought we had bought…4 windows in the lounge. We did not like the placement of the fireplace as soon as we entered so it’s now on the wall adjoining the hallway. We did not have the option for the fireplace on the wall facing upon entering due to the windows.

Second picture is a different house type from the same brochure (effectively the same floor plan but semi-detached version) and has 2 windows in the lounge and the fireplace where you would expect it.

It is an electric fireplace so I would imagine can be moved easily enough. My partner is annoyed that there are now only two windows when having 4 was a big factor for her choice.

We bought off plan so today was our first walk around, however with buying off plan surely it is fair to say they build what they advertise?

Above pictures do not follow the same format of entrance door to the front left of property, as the brochure has laid them like this, our floor plan is the first picture.

I hope I’ve made this clearer

additional point - once we were emailed the selections diagram to place our sockets etc it was identical to the first picture (4 windows in the lounge)

comeandgo

But what did the actual drawings show.

user1977

And (assuming you've exchanged - have you?) what does your contract say? It almost certainly gives the developers some wiggle room.

Presumably your solicitor went through the contract with you and explained all of this?

jonnym1985

Solicitor is now looking into it for a clause re above wiggle room comment. He did say that there will likely be something to say changes can be made but in his view this is regarding materials, finishes, etc and would have to be of an equal standard.

He is going to check and speak to us on Monday as his view is removing windows would constitute a substantial change that we would legally need to be made aware of.

Thanks for the replies, we will see what our solicitor and the developer come back with on Monday. They have made early indications that if they made the mistake they will fix it - whether putting the windows in may be feasible or not we shall see. It is looking more positive than we first thought.

Thanks

ProDave

jonnym1985 said:

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 

I wasn't trying to be rude but your description was unclear whether you had too many windows or too few windows or if that changed between visits.

eddddy

jonnym1985 said:

He is going to check and speak to us on Monday as his view is removing windows would constitute a substantial change that we would legally need to be made aware of.

I suspect that the contract says that if significant changes are made, you have the option of canceling the purchase and getting your deposit back.

But it sounds like you don't want to cancel the purchase - you'd prefer to get some money off. So you'll still have some negotiating to do.


I guess it depends how confident the developer is about selling the house to somebody else. If they think they can quickly and easily sell the house to somebody else for the same price (or more), they might not negotiate on price,

But if they think you really will walk away, and it will be difficult to find another buyer - they might negotiate.

jonnym1985

eddddy said:

jonnym1985 said:

He is going to check and speak to us on Monday as his view is removing windows would constitute a substantial change that we would legally need to be made aware of.

I suspect that the contract says that if significant changes are made, you have the option of canceling the purchase and getting your deposit back.

But it sounds like you don't want to cancel the purchase - you'd prefer to get some money off. So you'll still have some negotiating to do.


I guess it depends how confident the developer is about selling the house to somebody else. If they think they can quickly and easily sell the house to somebody else for the same price (or more), they might not negotiate on price,

But if they think you really will walk away, and it will be difficult to find another buyer - they might negotiate.

Thank you.  Pulling out of the purchase is not something we’d like to do, we’ve just had our first child before Christmas and we do not want to be living in a spare room of a family member, plus with the fluctuation in mortgages since our offer we wouldn’t really like to be applying again.

In my partners opinion the best option is to have the windows put in.  In my opinion just moving the fireplace, sockets and re-flooring would be most realistic but we would be disappointed about the windows. 

I panicked earlier thinking worst case scenario that the developer may just say tough luck and play hard ball which is why I probably typed my original post so scattered.

If they fix it somehow then there won’t be a problem, and if there was some sort of compensation then that would just be the icing on the cake

diystarter7

RelievedSheff said:

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?

Hi

Never bought a new build but family has

The warning is there as per post above and you often have choices of extras, configurations etc and you get to see the plans,
Those show the positions and sizes of windows, doors layout etc

Thanks

diystarter7

jonnym1985 said:

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 

Hi OP

When I read your comments as above, I thought you were being rude and this was confirmed as I read the other poster's post, that is until I got to the last paragraph. There were no need for those comments  ie last paragraph and could have easily been phrased more politely

Rest assured there are many informed/polite posters around inc me that will try to help. However, you may still find some comments unhelpful/condescending etc.  However, this is a good site and I noted a handful of really well-informed posts that can often help

I hope you find my question helpful. Did you ask why that happened and what they can do at no extra cost to remedy this? If so what was their response?

This is on the whole a nice/friendly site and personally, I just ignore those that I want to for various reasons


Take care, enjoy your weekend

daveyjp

Without seeing the whole development layout it may not be possible to put the windows there due to overlooking regulations.