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Discrepancy after closing - New build

Hello,

2 weeks ago we signed for our new build property. Everything went through fine but then we received an email from our solicitor this week saying that there had been a mistake with the closing figures. Long story short, a discount was added at closing which had apparently already been applied to the cost of upgrades. 

Neither solicitors noticed the issue at completion but now the builder is asking us the pay the sum. Unfortunately, we took the solicitors word and assumed the figures were correct and budgeted what we needed after the sale based on those figures. In other words, we do not have the amount they are asking for.

Has anyone ever experienced anything like this? Where do we stand? As it wasn’t noticed at the time of closing, are we obliged to pay now that we own the property? 

Any help appreciated, thanks 

Comments

  • MeteredOut
    MeteredOut Posts: 3,525 Forumite
    1,000 Posts Second Anniversary Name Dropper
    I assume you've asked your solicitors the same question - do they think you are obliged to pay?

    Are we talking £100s, £1000s, tens of £1000s? ie. how likely are the vendors likely to chase for the money.
  • loubel
    loubel Posts: 1,055 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
     Presumably the mistake was on the completion statement and the contract you signed had the correct figures so you haven't yet paid in full rather than a dispute over how much you were meant to pay? If so then yes you have to pay.
  • user1977
    user1977 Posts: 18,484 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    If it's merely an arithmetical error than yes, it can be corrected. If you overpaid I'm sure you would expect the money back, wouldn't you?
  • silvercar
    silvercar Posts: 49,996 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    If it is an error you will be expected to pay unless you can show that you thought the price was correct or possibly that you wouldn't have bought the extras if you had known the correct price.

    That said, a mistake has occurred that wasn't your fault. I would expect an agreed schedule of payments to enable you to repay over a set time period. I'd ask for monthly payments over a year.
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • MultiFuelBurner
    MultiFuelBurner Posts: 2,928 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    Surely if the error is on your builders side or even your builders solicitor that is their issue.

    It is interesting that you say the builder is asking you to pay the sum. It sort of makes me think this is an error completely on their side.

    Have you asked your solicitor for their advice?
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