Snagging Inspections
Results 1 to 2 of 2
  1. #1
    Junior Member
    Join Date
    Apr 2015
    Posts
    3
    Thanks
    0
    Thanked 0 Times in 0 Posts

    Default Contracts Exchanged - Now Asking for More Money

     
    Sorry is this has been asked before but could not see anything elsewhere.

    I have just exchange contracts with Persimmons Sycamore Gardens. Been an absolute nightmare the last three months as I've had three separate contacts for the development as none of the staff seem stay anymore than a few weeks.

    I have requested my finishing touches twice and had to chase them for over a month to take the payment (they lost my card details the first time). After they eventually took the payment mid this week I received an email to say that they had miss calculated they cost of my carpets ( I supplied them a spreadsheet with the figures they gave me and asked all the contacts to double check, all agreed is was fine).

    Am I liable for the difference since the contracts have been exchanged and they have received all money for finishing touches and house?

    Colleen

  2. #2
    Moderator
    Join Date
    Aug 2016
    Posts
    90
    Thanks
    0
    Thanked 6 Times in 6 Posts

    Default

    Snagging Inspections
    whilst morally yes

    in legal terms its more difficult ,but comes under thier "invatation to treat" when accepted becomes legally binding ...would be my guess ,,based on my knowledge of consumer law

    wiki says

    An invitation to treat (or invitation to bargain in the United States) is a concept within contract law.[1] In Andrew Burrows' words, an invitation to treat is

    "...an expression of willingness to negotiate. A person making an invitation to treat does not intend to be bound as soon as it is accepted by the person to whom the statement is addressed."[2]

    A contract is a legally binding voluntary agreement that is formed when one person makes an offer, and the other accepts it. There may be some preliminary discussion before an offer is formally made. Such pre-contractual representations are known variously as “invitations to treat”, “requests for information” or “statements of intention”.

    True offers may be accepted to form a contract, whereas representations such as invitations to treat may not. However, although an invitation to treat cannot be accepted it should not be ignored, for it may nevertheless affect the offer. For example, where an offer is made in response to an invitation to treat, the offer may incorporate the terms of the invitation to treat (unless the offer expressly incorporates different terms). If, as in the Boots case (described below) the offer is made by an action without any negotiations—such as presenting goods to a cashier—the offer will be presumed to be on the terms of the invitation to treat.
    Many Thanks
    Steve

Similar Threads

  1. Developer wants to change Lease and Plans after contracts exchanged?
    By GrimJam in forum New Build Buying Advice
    Replies: 5
    Last Post: 23rd September 2017, 13:18
  2. False advertising? Already exchanged contracts - Any advice?
    By emjaybee in forum New Build Buying Advice
    Replies: 1
    Last Post: 9th February 2015, 08:17
  3. Breach of Contracts
    By AliB in forum Persimmon Homes
    Replies: 10
    Last Post: 7th June 2013, 07:47
  4. housebuilder wants more money post completion
    By chrisleeds in forum Absolutely anything
    Replies: 8
    Last Post: 16th December 2011, 12:27
  5. Replies: 0
    Last Post: 23rd November 2009, 22:19

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •