From what you have said, I would imagine you thought you were buying one house type and ended up being sold a different one as so many changes appear to have been made.
As you have already exchanged contracts you could lose your £25,000 if you do not now proceed.
The
Consumer Code for Home Builders. requirement 3.3 does state:
3.3 Requirement: The Home Buyer must be told about their right to terminate the contract.
Guidance You should tell the Home Buyer about when they have the right to end the contract.
The Home Buyer may serve notice to end the contract if there is:
- a substantial and significant change to the Home that the Home Buyer has not agreed to (see 3.1 above);
- unreasonable delay in finishing the construction of the Home and serving the notice to complete
The one thing you must do is to
instruct your solicitor in writing not to proceed with the legal completion until this matter if fully resolved.
Hopefully you have not used the builder's recommended or choice of solicitor!
Clearly there has been a misunderstanding but presumably you bought a particular Plot Number and that was the same Plot number you have exchanged contracts on.
The information you have been given is quite good to. It is hard to believe all of this has been changed since you bought.
Can I suggest that the house you were "allowed" to look at was not the one you are buying. It could well be, especially at this time of year (housebuilders' end of year figures rush) that your particular home is so far away from being finished at that time they switched the plot numbers on the houses and you looked at the wrong house?
Finally, whilst you have not named the housebuilder, I would guess it is almost certainly Persimmon Homes!
If I am right, you will have a long wait for them to reply to your email!
You need to be aware of the
Consumer Code for Home Builders. It sounds like you were given a copy. If so it is a requirement of the Code (3.1) that you are informed of any changes.
3.1 (b) "After Contract Exchange, if there is a change to the design, construction or materials to be used in the Home that would significantly and substantially alter its size, appearance or value, you should formally consult the Home Buyer and get their agreement.
Before Legal Completion, the Home Buyer has the right to end the contract and get their deposit and Reservation fee back without deductions if these significant and substantial changes are unacceptable to the Home Owner, acting reasonably. You should tell them of this right and the specific circumstances when they could exercise it. (See 3.3 below)."
Finally, please do not post the same post in different categories on this forum!