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    • redstar75
    • By redstar75 10th Aug 18, 4:15 PM
    • 4Posts
    • 0Thanks
    redstar75
    ftb gleeson homes
    • #1
    • 10th Aug 18, 4:15 PM
    ftb gleeson homes 10th Aug 18 at 4:15 PM
    Hi there. I am a first time buyer and was due to exchange contracts with gleeson homes in the next few days. However, Gleesons decided to cancel my reservation on a plot and refund me the deposit. (yet to be received) They have now put the property back on the market for four thousand pounds more than what was agreed with me. I am left with a big solicitors bill and no new home. I want to contact the board of directors but it seems impossible to find any contact details. All i get is the enquiries email address and my complaint doesnt then get dealt with properly.
    This has been an awful first experience of buying a house and wonder if there is any advice from you all.
    Many thanks
Page 1
    • kingstreet
    • By kingstreet 10th Aug 18, 5:26 PM
    • 33,836 Posts
    • 18,379 Thanks
    kingstreet
    • #2
    • 10th Aug 18, 5:26 PM
    • #2
    • 10th Aug 18, 5:26 PM
    A developer cannot cancel a reservation without cause.

    http://www.consumercode.co.uk/

    You've paid a reservation fee, not a deposit. Have you failed to exchange contracts within the period specified on the reservation?
    I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.
    • eddddy
    • By eddddy 10th Aug 18, 6:57 PM
    • 6,718 Posts
    • 6,600 Thanks
    eddddy
    • #3
    • 10th Aug 18, 6:57 PM
    • #3
    • 10th Aug 18, 6:57 PM
    Are you describing the full situation?

    What reason did they give for cancelling your reservation?
    • redstar75
    • By redstar75 11th Aug 18, 12:51 PM
    • 4 Posts
    • 0 Thanks
    redstar75
    • #4
    • 11th Aug 18, 12:51 PM
    • #4
    • 11th Aug 18, 12:51 PM
    they said they could not meet my expectations. This is regarding a dangerous tree in the garden that had roots exposed on top of rock. I requested that they should remove the tree and therefore remove the danger.
    • redstar75
    • By redstar75 11th Aug 18, 12:53 PM
    • 4 Posts
    • 0 Thanks
    redstar75
    • #5
    • 11th Aug 18, 12:53 PM
    • #5
    • 11th Aug 18, 12:53 PM
    the deadline for exchanging contracts has not yet passed (end of this month)
    • mije1983
    • By mije1983 11th Aug 18, 9:54 PM
    • 3,543 Posts
    • 20,061 Thanks
    mije1983
    • #6
    • 11th Aug 18, 9:54 PM
    • #6
    • 11th Aug 18, 9:54 PM
    they said they could not meet my expectations. This is regarding a dangerous tree in the garden that had roots exposed on top of rock. I requested that they should remove the tree and therefore remove the danger.
    Originally posted by redstar75
    Did they agree it was dangerous, or is that just your opinion?

    Maybe it has a TPO on it, and if they and/or the council don't consider it dangerous, then it can't be removed. In those circumstances, then they are correct that they cannot meet your expectations.

    When you requested the tree to be removed, what did you say would be the outcome if they didn't? Did you just say, 'can you remove the tree please'? Or was it more, 'if you don't remove the tree I won't be buying'?

    • Davesnave
    • By Davesnave 11th Aug 18, 10:54 PM
    • 25,794 Posts
    • 94,064 Thanks
    Davesnave
    • #7
    • 11th Aug 18, 10:54 PM
    • #7
    • 11th Aug 18, 10:54 PM
    they said they could not meet my expectations. This is regarding a dangerous tree in the garden that had roots exposed on top of rock. I requested that they should remove the tree and therefore remove the danger.
    Originally posted by redstar75
    Are you an arborist with enough knowledge to know that the tree is dangerous, or have you acted on the report of someone who is?
    If you are finding huge gaps between your paragraphs, MSE know about the problem. However, they aren't necessarily doing anything about it. More changes on the way?
    https://forums.moneysavingexpert.com/showthread.php?t=5844460
    • eddddy
    • By eddddy 12th Aug 18, 12:10 AM
    • 6,718 Posts
    • 6,600 Thanks
    eddddy
    • #8
    • 12th Aug 18, 12:10 AM
    • #8
    • 12th Aug 18, 12:10 AM
    they said they could not meet my expectations. This is regarding a dangerous tree in the garden that had roots exposed on top of rock. I requested that they should remove the tree and therefore remove the danger.
    Originally posted by redstar75

    redstar - I really can't understand your thought process.

    So you clearly know the exact reason that they cancelled your reservation - but for some weird reason you don't say so in your first post.

    How does that help you to get helpful advice?


    FWIW, when somebody applies for planning consent, they have to state which trees will be retained and which will be removed.

    If the developer stated that tree would be retained in their original application, in order to remove the tree, the developer would now have to make a new application to have the planning consent varied.

    But whilst the developer can't remove the tree, if the tree doesn't actually have a TPO (Tree Preservation Order), and there are no relevant planning conditions, you might be able to buy the house and cut down the tree yourself later.
    • redstar75
    • By redstar75 13th Aug 18, 3:53 PM
    • 4 Posts
    • 0 Thanks
    redstar75
    • #9
    • 13th Aug 18, 3:53 PM
    • #9
    • 13th Aug 18, 3:53 PM
    I requested that they contact the local council and HSE to determine if the tree is safe or not and to be present when they attend. I am no expert on trees at all but when the majority of roots are showing on top of rock i feel it is an unnecessary risk.
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