housebuilder wants more money post completion

chrisleeds · 8th June 2008, 17:17

so here's an interested question for anyone that can help... i recently bought a house, but when the house builder sent the contracts through to exchange someone in their accounts office put the wrong values on it (lower in my favour). of course i was happy because they appeared to want to sell me the house for less - so who would say no! i asked the solicitors to reconfirm the values were correct and they did. so i signed. we moved to completion . everything was good.

until the house builder has now said - oh that was wrong, we got it wrong and you had agreed to pay more for it - can we have the extra money please!!! as you can imagine i am mad now. my solicitor says they could sue me if i dont pay ... i am having to start dialog with them next week,,,, anyone have any thoughts? particularly interested in knowing if this has happened to anyone else before ever?

Tony · 8th June 2008, 20:30

A contract is a contract they are not very good at checking the quality of their new homes nor their contracts it seems. I'll check with someone more knowledgeable for you.

Good luck

Tony

Tony · 8th June 2008, 23:00

As the contract was drawn up by a competent person they don't have a leg to stand on.

chrisleeds · 8th June 2008, 23:14

thanks tony, that was my original thought too, because im sure if it was the other way around they would make me pay it!, the only thing my solicitor has said is that they could - if they wanted to - sue me for the difference saying that i knew i should have paid more.. however, the ultimate decision would lay with a judge - its a tricky one, i think ill end up having to take more legal advice

its dead off - ive never heard of it happening to anyone and ive seearched the net for stories and couldnt find any examples or precedents

Tony · 8th June 2008, 23:55

The advice you are getting from your solicitor is not very good were they appointed by the developer. There are plenty of precedents - I'll get you some from the legal database tomorrow.

chrisleeds · 9th June 2008, 09:23

really thanks that will be really useful, and yes they were recommended by the building company

any precedents you can link me too is VERY appreciated, because to top it all off i got married on saturday and its causing us some concern

Tony · 10th June 2008, 00:32

Chris, Firstly congratulations.

Secondly, put the money away don't spend it as I am now in two minds. You really need an expert contract lawyer to advise you on this as it depends on a number of factors including the amount, what a 'reasonable observer' would think with all the facts in front of them. Have a look at this law book and do a search for 'cross-purposes mistake'

tabithatabby · 14th August 2009, 10:14

if this was the contract to buy the house, issued by their solicitors and signed by the builder and you then that is the contract, particularly if the house was finished.

if they were claiming that the extra money was for extras etc then that would be different but if the contract was for the property as it stood and ready to go, then their negligence is down to them.

i would check if your household insurance gives you legal cover as then you could have the situation checked out by a property lawyer. i suspect that your lawyer (who works closely with the builder perhaps, get a lot of work referred) is compromised and just wants you to pay up to protect their interests. also what documentation was there regarding the higher price that they can rely on?

xs650se · 16th December 2011, 12:27

The purchase price on contract was agreed - they then on the paperwork deducted a gifted deposit amount (as many builders do) and now are saying they made a mistake.
My solicitor has said legally I do not need to pay.
Any updates to your situation? Or anyone else?
I would have thought they would be too embarassed to turn a round and say - ooops!