I can't help but think I was mis-sold my house

Herzlos

Jakeh_2 said:

Herzlos said:

Unless you can prove some kind of deception then I'm not sure you'd have much argument unfortunately.

Most of the plans I've seen for the whole site would have shown the play park, as they usually make a big-ish deal of it in the marketting, though I'm surprised it's that busy as all of the parks I've seen in new build areas have been deserted.

You admittedly weren't to know that they all have one or where it'd be. But at the same time, even if there wasn't a park there and just empty space, kids could play there, or they could play in neighbours gardens or in the street.

What sort of compensation are you expecting? Enough to cover the cost of moving somewhere else? For better soundproofing?

I can't prove deception, but I can prove they were negligent and provided incorrect information to a very specific question.

It's true if it was an open space it would still have been used by kids which is absolutely fine. Between 3-8pm the park is in constant use and there is often 10-25 kids in the park at any one time. Had it been just a patch of grass I'm confident it'd be less busy as there are other areas of grass on the estate.

In an ideal world I would sell the property and move elsewhere. Any amount would be helpful.

Did you get their claim that it'd just be a path in writing? Because anything else would be hearsay.

Unfortunately without looking at the site no-one can comment on the plans, and you can't do that without exposing where you live.

The developer website for the site will usually contain an interactive map of the previous and current phases, which should mentioned a play area.

Of course, it may be that at the time they were telling the truth and it was only later changed to a play area, but whilst I think that's unlikely you can't disprove it unless you find earlier plans with the play area included.

Obviously too late for you now, but developers don't really leave blank spaces in developments unless there's no way to avoid them, so I'd assume any open space between houses will probably be a play park unless there's already one somewhere else.

MultiFuelBurner

Are the builders still building and are they building your house type?

This will in all likelihood fail but no harm going to the sales office and airing your frustration and asking them to switch you to another home.

Probably a crazy idea.

user1977

MultiFuelBurner said:

Are the builders still building and are they building your house type?

This will in all likelihood fail but no harm going to the sales office and airing your frustration and asking them to switch you to another home.

Probably a crazy idea.

After two years? Yes, crazy. The OP doesn't have any sort of legal claim, I can't see why the builders would even give a goodwill gesture.

MultiFuelBurner

Stranger things have happened, especially with a little local news coverage.

It really depends how far the OP wants to go with this.

You don't ask, you certainly won't get.

km1500

the first thing to check is your contract and see if there is a get out clause where the developer basically says we can do what we want. if there is and it's in the contract then afraid there's not much you can do

if there isn't then I think you may have a chance. the whole basis of contract law is what is called a 'meeting of minds' in which each person knows what they are buying (or selling) and there is nothing hidden

if you thought there was a green grassy space but the developer knew there was going to be a playground there then that would not be a meeting of minds, particularly as it seems you asked beforehand

I will think it would be well worth looking at your contract and maybe paying for half an hour with us listen to and see if expert advice can help

Jakeh_2

Herzlos said:

Jakeh_2 said:

Herzlos said:

Unless you can prove some kind of deception then I'm not sure you'd have much argument unfortunately.

Most of the plans I've seen for the whole site would have shown the play park, as they usually make a big-ish deal of it in the marketting, though I'm surprised it's that busy as all of the parks I've seen in new build areas have been deserted.

You admittedly weren't to know that they all have one or where it'd be. But at the same time, even if there wasn't a park there and just empty space, kids could play there, or they could play in neighbours gardens or in the street.

What sort of compensation are you expecting? Enough to cover the cost of moving somewhere else? For better soundproofing?

I can't prove deception, but I can prove they were negligent and provided incorrect information to a very specific question.

It's true if it was an open space it would still have been used by kids which is absolutely fine. Between 3-8pm the park is in constant use and there is often 10-25 kids in the park at any one time. Had it been just a patch of grass I'm confident it'd be less busy as there are other areas of grass on the estate.

In an ideal world I would sell the property and move elsewhere. Any amount would be helpful.

Did you get their claim that it'd just be a path in writing? Because anything else would be hearsay.

Unfortunately without looking at the site no-one can comment on the plans, and you can't do that without exposing where you live.

The developer website for the site will usually contain an interactive map of the previous and current phases, which should mentioned a play area.

Of course, it may be that at the time they were telling the truth and it was only later changed to a play area, but whilst I think that's unlikely you can't disprove it unless you find earlier plans with the play area included.

Obviously too late for you now, but developers don't really leave blank spaces in developments unless there's no way to avoid them, so I'd assume any open space between houses will probably be a play park unless there's already one somewhere else.

I have an email where I have asked: "what is doing done with the grass space between the two phases"

The builder replied with a picture with my plot, a few of my neighbours in the same phase, the grassy area, and a few houses in the first phase and said "it looks like it's just a path".

The interactive site plans only show the site plan for each phase. There is no estate-wide interactive site plan which shows the entirety of the development.

Jakeh_2

km1500 said:

the first thing to check is your contract and see if there is a get out clause where the developer basically says we can do what we want. if there is and it's in the contract then afraid there's not much you can do

if there isn't then I think you may have a chance. the whole basis of contract law is what is called a 'meeting of minds' in which each person knows what they are buying (or selling) and there is nothing hidden

if you thought there was a green grassy space but the developer knew there was going to be a playground there then that would not be a meeting of minds, particularly as it seems you asked beforehand

I will think it would be well worth looking at your contract and maybe paying for half an hour with us listen to and see if expert advice can help

I will take a look at the contract. Cheers

sammyjammy

Jakeh_2 said:

Herzlos said:

Jakeh_2 said:

Herzlos said:

Unless you can prove some kind of deception then I'm not sure you'd have much argument unfortunately.

Most of the plans I've seen for the whole site would have shown the play park, as they usually make a big-ish deal of it in the marketting, though I'm surprised it's that busy as all of the parks I've seen in new build areas have been deserted.

You admittedly weren't to know that they all have one or where it'd be. But at the same time, even if there wasn't a park there and just empty space, kids could play there, or they could play in neighbours gardens or in the street.

What sort of compensation are you expecting? Enough to cover the cost of moving somewhere else? For better soundproofing?

I can't prove deception, but I can prove they were negligent and provided incorrect information to a very specific question.

It's true if it was an open space it would still have been used by kids which is absolutely fine. Between 3-8pm the park is in constant use and there is often 10-25 kids in the park at any one time. Had it been just a patch of grass I'm confident it'd be less busy as there are other areas of grass on the estate.

In an ideal world I would sell the property and move elsewhere. Any amount would be helpful.

Did you get their claim that it'd just be a path in writing? Because anything else would be hearsay.

Unfortunately without looking at the site no-one can comment on the plans, and you can't do that without exposing where you live.

The developer website for the site will usually contain an interactive map of the previous and current phases, which should mentioned a play area.

Of course, it may be that at the time they were telling the truth and it was only later changed to a play area, but whilst I think that's unlikely you can't disprove it unless you find earlier plans with the play area included.

Obviously too late for you now, but developers don't really leave blank spaces in developments unless there's no way to avoid them, so I'd assume any open space between houses will probably be a play park unless there's already one somewhere else.

I have an email where I have asked: "what is doing done with the grass space between the two phases"

The builder replied with a picture with my plot, a few of my neighbours in the same phase, the grassy area, and a few houses in the first phase and said "it looks like it's just a path".

The interactive site plans only show the site plan for each phase. There is no estate-wide interactive site plan which shows the entirety of the development.

My bold - its hardly definitive and in no way gives you cause for complaint, legal or otherwise.

Jakeh_2

sammyjammy said:

Jakeh_2 said:

Herzlos said:

Jakeh_2 said:

Herzlos said:

Unless you can prove some kind of deception then I'm not sure you'd have much argument unfortunately.

Most of the plans I've seen for the whole site would have shown the play park, as they usually make a big-ish deal of it in the marketting, though I'm surprised it's that busy as all of the parks I've seen in new build areas have been deserted.

You admittedly weren't to know that they all have one or where it'd be. But at the same time, even if there wasn't a park there and just empty space, kids could play there, or they could play in neighbours gardens or in the street.

What sort of compensation are you expecting? Enough to cover the cost of moving somewhere else? For better soundproofing?

I can't prove deception, but I can prove they were negligent and provided incorrect information to a very specific question.

It's true if it was an open space it would still have been used by kids which is absolutely fine. Between 3-8pm the park is in constant use and there is often 10-25 kids in the park at any one time. Had it been just a patch of grass I'm confident it'd be less busy as there are other areas of grass on the estate.

In an ideal world I would sell the property and move elsewhere. Any amount would be helpful.

Did you get their claim that it'd just be a path in writing? Because anything else would be hearsay.

Unfortunately without looking at the site no-one can comment on the plans, and you can't do that without exposing where you live.

The developer website for the site will usually contain an interactive map of the previous and current phases, which should mentioned a play area.

Of course, it may be that at the time they were telling the truth and it was only later changed to a play area, but whilst I think that's unlikely you can't disprove it unless you find earlier plans with the play area included.

Obviously too late for you now, but developers don't really leave blank spaces in developments unless there's no way to avoid them, so I'd assume any open space between houses will probably be a play park unless there's already one somewhere else.

I have an email where I have asked: "what is doing done with the grass space between the two phases"

The builder replied with a picture with my plot, a few of my neighbours in the same phase, the grassy area, and a few houses in the first phase and said "it looks like it's just a path".

The interactive site plans only show the site plan for each phase. There is no estate-wide interactive site plan which shows the entirety of the development.

My bold - its hardly definitive and in no way gives you cause for complaint, legal or otherwise.

To say there is no cause for at least a complaint is ridiculous.

How can you confidently say that when it is literally misinformation from the person you're entering the contract with?

sheramber

Why would the builder not know what it was rather than think it looks like something?

Was it the builder who replied or the salesperson or someone in the office?