Paid for flooring of a new build house, but now the sale might fall through.

[Deleted User]

Good morning.  Hoping someone can help.

Basically we are trying to sell our current home and buy a new build property. We found a buyer, agreed a sale, and reserved the new home. After months of delays due to an insanely slow buyer, we're now at the contract exchange part, and the buyer is now ignoring all of the estate agent's, solicitors' and my own calls and messages.

Own new builders (Wainhomes) have said they have extended the reservation as much as possible, but will now be re-listing the house.

Along the process, we paid £2500 to upgrade the flooring, which was installed two weeks ago. I spoke to the sales person, about what would happen with this, and he said he wasn't sure, but will check on this.

In the meantime, does anyone have any experience with this. Can we get this money back? I honestly don't want to be paying £2500, for somebody else's floors.

Many thanks,

MultiFuelBurner

Normally if it's ordered and laid then it's non refundable.

It's down to how nice your builder is.

chanz4

no refund they may as gogw but doubt it

Robbo66

have you asked the builder if they would consider doing a part exchange  

[Deleted User]

Robbo66 said:

have you asked the builder if they would consider doing a part exchange  

Unfortunately, they won't due to my current property being a leasehold apartment

eddddy

The 'legal' position would depend on the contract terms you agreed to. i.e. 

• Were you given written t&cs before you paid the £2.5k which explained what would happen if the reservation was cancelled?
• Or did somebody tell you before you paid the £2.5k what would happen if the reservation was cancelled?

If you weren't given t&cs and nobody told you what would happen, the legal position would be "What would a reasonable person expect to happen to the £2.5k if you cancel the reservation?"

But say you were told you'd lose the £2.5k even if the floor hasn't been laid yet - a court might decide that's an unfair contract term. (i.e. if the floor hasn't been laid yet, it's not fair that the builder makes a windfall profit of £2.5k. But if the builder has ordered the flooring materials and they can't be cancelled etc, it all gets more complicated.)


But the above is the legal position, which you would have to argue if you decide to take the builder to court. Maybe the starting point is asking the the builder to make a friendly goodwill gesture.

[Deleted User]

Is the buyer just on holiday?

Alderbank

You might want to read this recent post
https://forums.moneysavingexpert.com/discussion/6445591/new-build-optional-extras-liability

The OP asked about the extras he had paid for if he could not complete on the new house.

Unfortunately the advice was that the OP had contracted with the builder to install flooring in a property he did not own and the builder had fully carried out the contract. No breach of contract and so no liability.

No consolation to you but the local manager will now be under great pressure to get that house sold so will offer your floor as a free incentive

Postik

Alderbank said:

No consolation to you but the local manager will now be under great pressure to get that house sold so will offer your floor as a free incentive

^ This.  I often see listings from house builders where a house is miraculously ready for sale (i.e. not being sold off-plan) and has various "upgrades".  I now know that it's common for a sale to fall through and someone else to benefit from the upgrades which you paid for.  Again, it's no consolation to you, but it's another reason I would be reluctant to buy off-plan.

Noneforit999

I suspect you might have to chalk this up to a bad decision (i.e. paying for extras before even exchanging) and accept the loss. Its worth keep speaking to the developer though, re-listing the house means viewings and potentially a buyer who has a house to sell so its hardly like they are going to re-list and sell within a few weeks, unless its a cash buyer with a good solicitor.

I am assuming you reserved late on in the build state if flooring has been laid but you haven't even exchanged yet? 

Do you not have the buyers contact details? Can you not try to speak to them?

Ours were being slow at one point and I instructed the EA to put it back on the market by the end of the week if nothing happened. I called them on the Friday and told them I wanted the house back on their website by mid day and suddenly things moved a lot quicker and the buyer then made sure they got things done quicker moving forward. 

GDB2222

Surely, the time to ask the questions was before paying the £2500?