New Build problems - Would like some advice

Digger2000

Hi All,

I am having some problems with the new build property that I have exchanged on. I bought it off plan. Basically I have been promised verbally quite a few things by the previous sales negotiator. The sales negotiator has since left the company and on inspecting the property a few weeks ago and the promises haven’t been carried out;

- TV aerial has been put in the wrong place
- I was told to pick colours for each room – the house has been painted magnolia all over
- I verbally agreed with the EA/sales negotiator to pay cash on completion for some flooring to be laid throughout the downstairs – they have only fitted it in one room and are now saying that was what was agreed.
- I was charged extra for a burglar alarm which has since been given to the other houses for free – the other houses haven’t sold yet.

I am just wondering if anything can be done about the above. I have written to the director of the EA and although I received a letter back it was just stating that nothing can be done about the above items. My solicitor doesn’t seem to want to be involved and I can’t pull out as I have exchanged but not yet completed. It’s a small local developer who is doing the development and is using a large EA to do the sales negotiating – I think the previous sales negotiator promised things without really checking with the developer. Any advice would be much appreciated.

RHemmings

It might (or might not, I am not a lawyer) be helpful if you could find the previous negotiator and get them to give you a written statement describing the verbal agreement that you had.

Digger2000

Thanks for that, has anyone got any other suggestion? I am thinking of not paying for the flooring?

Doozergirl

If the flooring doesn't form part of the sale contract and was somthing by seperate negotiation then I suppose you can refuse pay for it unless you get what was agreed to.

Any extras or conditions of your offer should have been laid out in the Memorandum of Sale.

It would be unusual for a developer to do things like paint colours on walls etc as it becomes incredibly complicated trying to spec something for a buyer on one house, let alone several.

As for the burglar alarms, well, it's one of those negotiating things. Not everybody pays the same price for an otherwise identical house.

If it were me selling then I'd dispute part of the agent's commission, but as a buyer I'm not sure what you do, especially as you've exchanged. You don't have a great deal of bargaining power, expect one room with a certain type of flooring.