Can concluded missives be amended?

Croftland

Hi all,

We concluded our missives back in January for a plot that is not due to be completed until August this year.  Now we have seen the build we feel this plot is no longer suitable for us and would like to purchase the plot next door which is a larger plot and more expensive.  Does anyone know if missives can be amended at this stage? We are happy to cover costs to amend them. We are not pulling out, just wanting a bigger plot with the same builder.  I spoke to the sales rep who does not know very much and said this has never happened before which I am sure I can't be the only one that has ever been in this position!  I am waiting to hear back from our solicitor on this. But wanted to see if anyone had been through the same.  This is Scotland based.

user1977

Yes, of course the contract can be amended if both parties want to - nobody else is going to force them to go through with it!

Croftland

user1977 said:

Yes, of course the contract can be amended if both parties want to - nobody else is going to force them to go through with it!

Just received a response from our solicitor in the last 10 minutes saying that the builder is not willing to change plots! Unreal. I would understand if we were downgrading but not when we are upgrading.  It is on us at the end of the day but just gutting we will need to move into the original plot when we really don't feel its for us anymore.

Annisele

I very much suspect that the builder will have a price.

They've probably got some reason for saying no - maybe it's costs and hassle, maybe they think it'd be much harder to sell your current plot than the one you want, maybe the person you're speaking with has no idea how to do what you want and so it's easier to say no. But I'd bet all those difficulties would vanish if you were to offer a £10 million sweetener. That's clearly out of the question, and it's equally daft to suggest that the builder might accept £5 plus costs if they've said no to £0 plus costs. But there might be a middle ground.

Alderbank

The likeliest reason is that they have one or more potential buyers interested in taking the better plot.

Croftland

Alderbank said:

The likeliest reason is that they have one or more potential buyers interested in taking the better plot.

I think you may be right as the plot has now sold over the weekend!

There is another plot further up the road - should I chance my luck and ask about this one?