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

Herzlos

Jakeh_2 said:

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

They sold that land to a separate company which appointed a Factor to build the park .. and better yet .. the residents (me included) paid for it!

Sadly that means it may actually get maintained, so you can't rely on the  kids stopping using it in a year once it's fallen into disrepair.

You're probably now stuck waiting for those kids to grow out of it which will be surprisingly quick. Unless the kids are getting replaced as they age out you've maybe only got 2-3 years before they are all too young to play unattended or too old to play in a play park.

eddddy

Jakeh_2 said:

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".

House builders are bound by the Consumer Protection from Unfair Trading Regulations 2008.

So the house builder would be breaking the law, if they did any of the following

1. give misleading information
2. omit material information
3. hide material information
4. provide material information in a manner that is unclear, unintelligible, ambiguous or untimely

'Material Information' means information that a reasonable consumer needs to make an informed transactional decision


So it depends on the precise facts, but maybe you have an argument that...

• "it looks like it's just a path" is misleading information

• Having a children's play area in front of your house would be 'Material Information' that would impact on a reasonable consumer's decision to purchase

• They omitted to tell you that material information

• It sounds like they might have hidden the material information, by not replying to some of your questions

(But I guess it's also possible that they didn't decide to put a play area there, until after you bought the house.)



The Consumer Protection from Unfair Trading Regulations 2008 allows consumers to claim compensation - but I suspect it would be a difficult and expensive fight.


I guess one approach is to instruct a solicitor to write the house builder a letter stating that you intend to report them for breaching the Consumer Protection from Unfair Trading Regulations 2008, and that you intend to claim compensation - to see if the threat of prosecution will encourage them to negotiate with you.


(You say they have lied to other buyers - so maybe you include their situations.)