Mis-sold new build home

lambo · 26th October 2006, 10:12

Hello

We are due to complete on our new-build house in the next couple of weeks. We bought off-plan, on the basis of the dimensions shown on the floor plans/conveyance plans/planning application. We were able to gain access into the house last week and found that the rooms and the garden are smaller than that shown on the plans.

We are due to officially inspect the house soon (prior to signing), at which point I will measure the exact dimensions as built, as compared to those shown on the plans. I do understand that sizes can vary, and if the differences were a matter of inches I would not complain. However, what if the differences were more significant? am I able to seek compensation and, if so, what are the chances of success? SHould I not complete until the matter is sorted? Some of the houses have already been occupied, so would this be to my advantage i.e. if I am the only one to complain, am I more likely to be given compensation (given the others have already completed?).

Many thanks in advance for your help.

L

Tony · 26th October 2006, 22:02

Hi,

It is possible that the house contravenes the Property Misdescription act, although it depends how much the dimensions vary. Only Trading Standards can take action under the act, so you should speak to them. You can make a civil claim for misrepresentation.

You should speak to your solicitor as delaying completion puts you in breech of contract and the developer can then sue you, unless you have a good case.

Let us know how you get on.

Tony

lambo · 30th October 2006, 10:22

Thanks Tony

I will look into the Act and see what it says.

Would you recommend me contacting the Solicitors now or after our inspection? I should have added that the Solicitors were recommended to us by the developers.

Will keep you updated.

Thanks again

L

Tony · 30th October 2006, 10:34

The solicitor is obliged to work in your best interest and could be struck off if they behave otherwise.

However, your fees are only worth a small percentage of turnover compared to all the other referrals and work they get from the developer. I would not recommend using a solicitor recommended by the developer. When I bought my last new build house the mortgage provider insisted that I didn't!

Anyway, too late for that too. You should assume that they have no integrity and contact them about this now.

Kind regards,

Tony