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Old 14th December 2007, 19:53   #1
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Clarence
Default Do we have a case to withrdaw before completion?

We've exchanged contracts on a Miller Homes new build and are due to complete in a week. Today we had our demo meeting and were told that the garage has no electricity due to being across a boundary. This contradicts what we were originally told before we agreed to exchange contracts!

Back when we wen to reserve the plot we asked whether the garage had electricity and were told 'most probably' but the salesperson said she would verify this with the site manager. We went back a few weeks later and were shown various site plans and were told that the garage definitely had an electricity supply (they actually read out the plot numbers that had garages with an electricity supply).

I've contacted my solicitor to see where we stand as we wouldn't have agreed to buy the house had we known that there would be no electricity in the garage. To be honest, the solictors didn't seem very interested.

Does anyone know if we've got a good case for pulling out? We aren't in a position where we can afford to lose our deposit but I'm so angry that we were given false information when we directly asked for confirmation that the garage had a mains supply.

inch:
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Old 16th December 2007, 01:08   #2
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Default Re:Do we have a case to withrdaw before completion

Hi Clarence,

Any verbal statements are part of the contract, but can you prove it? Were there witnesses? The builders will try to put clauses in the contract to remove liability for such statements. These are considered unfair contractual terms by the Office of Fair Trading. Does you contract have statements like this? Was your solicitor recommended by the developer? Why are they not interested?

I hope this helps, keep us updated.

Tony
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