WHERE IS THE TRADE DESCRIPTIONS ACT?

21st March 2005, 22:05

I BOUGHT A NEW HOME FROM PERSIMMON HOMES IN JUNE 2004. MY SNAGGING LIST REACHED 68 INDIVIDUAL ITEMS. ONE OF MY MAIN PROBLEMS IS THAT I HAVE A DOWNSTAIR CUPBOARD, WHICH IS ONE AND HALF FEET SHORTER THAN THAT OF THE SHOW HOME. THIS WAS NEVER BROUGHT TO MY ATTENTION DURING THE PURCHASING PROCESS. AFTER COMPLAINING, PERSIMMON WITH A BIT OF CREATIVE THOUGHT COMMUNICATED BACK THAT THIS WAS ACTUALLY DUE TO A 'DESIGN IMPROVEMENT' EVEN THOUGH THE SHOW HOME WAS STILL DISPLAYING THE LARGER CUPBOARD SPACE - ADDITIONALLY THEY ARE NOW SAYING THAT THEY WILL TRY AND MAKE THE CUPBAORD BACK INTO THE SIZE IT SHOULD BE - UNDOING THIS 'DESIGN IMROVEMENT.' I HAVE TRIED NHBC, CONSUMER ADVICE, TRADING STANDARDS ALL TO NO SUCCESS - SURELY TO USE AN ANALOGY THIS IS LIKE BUYING A CAR WITH A BOOT YOU CAN FIT FOUR SUITCASES IN THEN ONCE YOU GET DELIVERY YOU CAN ONLY FIT THREE! HAS ANYONE EXPERIENCED A SIMILAR PROBLEM OR KNOW OF ANY OTHER AVENUE TO TRY - AS IT IS VERY MUCH THE BIG COMPANY MENTALITY VERSUS THE INDIVIDUAL CONSUMER,

22nd March 2005, 13:22

I have posted two items in New Build Buying Advice under "Ultimate Advice.....". My second post alludes to a court case I was involved in as an expert witness. You mentioned Acts of Parliment to protect the consumer. Unfortunately, I have to tell you that when you buy a new home off plan or only partailly built, the builder/developer is under no obligation to construct that building to any level of workmanship set down in British or European standards.

Once you put down your deposit and they commence construction you have entered a classic contract arrangement whereby there is Offer, Consideration, Acceptance/Declination. The developer OFFERS to build you a house off their plans, by putting down a deposit you are thus under CONSIDERATION. Upon completion of the house you either ACCEPT or DECLINE. If you accept, you accept the poor workmanship, and if you devline you don't get your costs back.

The judge in the case I was involved in categorically stated that the builder is not obliged to build the house to any standard. It is essentially up to prospective purchaser to make a decision as to buy or not.

If people are hellbent on buying a new home (in my professional opinion, i continue to find tis hard to believe) then it is important to wait until it is completed. However the volume housebuilders have the consumer over a barrel, as the demand for houses is such that people will put down a deposit based on a pretty drawing they have been shown and based on a show home which invariably ends up being prbably the best built house on the block.

P.M
BSc(HONS) MCIOB MAPM FFB

Tex · 22nd March 2005, 22:06

Yes, The show house is alway's the one to buy!
It's the only one that get's a meticulous snag from the site managers, sale's & sometimes even the directors themselves!
Your downstair's cupboard, is it under the stair's ?
Has your home got a standard straight staircase or what's called a dogleg?
There's probably a very logical reason behind this deviation, & if i had more info i could probably tell you why!

Tony · 22nd March 2005, 22:32

I am not sure about show homes. Is there not an incentive to throw them up quickly so they can start using them to sell plots of wasteland as soon as possible. We all know they have ?20,000 fit outs, no internal doors to make them look bigger and minimal furniture. Have a look at http://web.archive.org/web/200401020...ryhomes.co.uk/

This was a show home. Mostly gone now, the good old gagging order me thinks

Tony

Tex · 22nd March 2005, 22:58

That must have been a one off!
The sales homes are the offices of the sale's team's! This is were they get there teeth into you! If these building's are in a bad way then that is the time to retreat away and run!
If you look carefully, some of these show home's ceiling's have a scim coat of plaster over them, i bet the rest of the site hasn't!
These homes are what the sale's team promise you and demand your deposit!
Then they give you a unrealistic moving in date, this is where it start's to go downhill rapidly!

ExCustomerLiaisonManager · 20th May 2005, 22:50

All developers are under the same obligation as Estate Agents in that they must adhere to the PMA Act. However it is quite poss that within the contract documentation and or within the reservation documentation that you were notified that they reserve the right to alter the design. However the amount with which they altered it is something that should have in my view been conveyed to you. I suggest you go back to the Local Trading Standards Office and ask them how this stands in their eyes with regards to the PMA Act

ExCustomerLiaisonManager · 20th May 2005, 22:55

All developers are under the same obligation as Estate Agents in that they must adhere to the PMA Act. However it is quite poss that within the contract documentation and or within the reservation documentation that you were notified that they reserve the right to alter the design. However the amount with which they altered it is something that should have in my view been conveyed to you. I suggest you go back to the Local Trading Standards Office and ask them how this stands in their eyes with regards to the PMA Act

QUESTION FOR YOU ; AS PART OF THE RESERVATION PROCEDURE WERE YOU SHOWN OR ASKED TO SIGN ANYTHING SAYING THAT YOU HAD SEEN THE WORKING DRAWINGS