Have I been mis-sold?

[Deleted User]

user1977 said:

km1500 said:

Was it part of the sales contract you signed ?

The converse is more likely - generally developers' contracts will specifically say they're making no promises about how the rest of the estate will be developed. And that you shouldn't believe anything they told you in the sales cabin, unless it's repeated in black and white in the contract...

OP, if this was really important to you and you were expecting the developers to be legally bound somehow, presumably you discussed it with your solicitor at the time? Was planning granted for a shop?

There's no need for this kind of attitude. It's not unreasonable to expect the developer not to lie to you. Sadly unwise perhaps, but nobody is born knowing this stuff and they come here looking for help.

born_again

wpl94 said:

My partner and I bought our new build home over a year ago now, and during conversations prior to reserving our plot the sales team stated that there would be a shop built on the site “within the next two years.”

Unfortunately there is yet to be any confirmation of a shop being built on the site. Contextually, the nearest shop of any convenience is a ten minute drive away, and the nearest supermarket is about the same in the opposite direction. Walking takes about half an hour for both. 

I for one feel that we were mis sold on this matter, we would not have bought the house had we known it would take this long. 

Were we mis sold and are we entitled to any compensation?

Have you checked the planning permission for the development?

As it would have been part of that. Often they can be part of the reason they get permission. 

If it is then you could take it up with the local council/councillors.

macman

You have no chance whatsoever of getting compo for this. You can't even prove what was said, and it certainly wasn't specified in your contract.

propertyrental

[Deleted User] said:

user1977 said:

km1500 said:

Was it part of the sales contract you signed ?

The converse is more likely - generally developers' contracts will specifically say they're making no promises about how the rest of the estate will be developed. And that you shouldn't believe anything they told you in the sales cabin, unless it's repeated in black and white in the contract...

OP, if this was really important to you and you were expecting the developers to be legally bound somehow, presumably you discussed it with your solicitor at the time? Was planning granted for a shop?

There's no need for this kind of attitude. It's not unreasonable to expect the developer not to lie to you. Sadly unwise perhaps, but nobody is born knowing this stuff and they come here looking for help.

No need to respond like that. user1977 simply stated the facts. And asked a couple of pertinent questions.

As for the help you came looking for, I think the majority of posts have made it clear that compensation is highly unlikely. And despite vague suggestion to press the developers it's clear their response is not likely to be helpful to you.

There's really very little help we can offer, except to provide warnings to any other buyers of New Builds who might read this thread.

By the way, it's not just New Build Developers this applies to. When buying any property, the only thing that matters is what the seller states in the contract and accompanying paperwork, and what the buyer's own research (local authority, EA flood reports etc) turns up.

What an estate agent says, or a seller (if buyer and sell have direct contact) can give clues but not provide guarantees.

user1977

[Deleted User] said:

Unless you have it in writing or on tape there isn't much you can do.

It would make zip all difference even if it was in writing or on tape, unless it was also incorporated into the contract.