Author Topic: New build flat (deposit paid) - but is not as described on brochure?  (Read 3804 times)

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Sorry for the long drivel, but it's a hard one to explain.

My father attended a Galliard event - and put a deposit down for an off-plan 1 bedroom flat, on my and my sister's behalves. He was told that he could only buy the property in his name (as we weren't present, though he carried our ID), but that the transfer to us would be a very simple process - it's a year on (with much to-ing and fro-ing), and this still has not been completed.

My father agreed to use the Solicitor's who were onsite (recommended purchasers solicitors), but it feels as though they're reluctant to act on our behalf/in our interests. At the time my father (who is elderly), mentioned that the description on the contract was incorrect and should be amended from 'Studio' to '1 Bedroom', he was assured that this too would not be an issue. We were never interested in a studio flat - for rental/resale purposes we were interested in a 1 Bedroom flat. The plan attached to the contract signed is non-descript and only shows and outline and where the plot lies.

However, the Brochure with the detailed floor plans and plot type descriptions (which of course is what drew us to the property), clearly shows and states that the flat purchased/our Plot is a 1 Bedroom, not a studio. Had it not been presented to us in that way, we would not have been interested. We are now tied into this, with no way out - and having to maintain regular deposit payments on an irksome purchase which is not what we thought we were buying.

We have continuously flagged the discrepancy with our Solicitors who had assured us that they'd noted that the flat description would need to be changed, and that they would be handling it. But seem to have done nothing a year on.

From the communications I've seen - the seller's solicitors are uncommunicative - and in response to our solicitors last email regarding the discrepancy, have simply sent across a copy of the contract and the nondescript plan I mentioned earlier.

Please could someone tell me whether they are allowed to do this? We are feeling duped :(

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Re: New build flat (deposit paid) - but is not as described on brochure?
« Reply #1 on: February 23, 2017, 06:45:54 am »
My God where to start!

Firstly ask yourself WHY someone cannot reserve a new home on behalf of someone else?
This should have been the first warning.
Nevertheless why didn't you and your sister go to reserve it yourself?
Changing ownership after legal completion might incur stamp duty to be paid again.

Then you foolishly used the builders/developers recommended solicitor.
No wonder there have been mistakes and he/she is not acting in your (your father's) best interests.

Then they say they will change the description of the property on the contract of sale.
But will that mean that Plot X will then become a one bedroom flat rather than a studio?
Or is it (more likely) that the builders/developers changed the name of the home type from 1 bed to studio for marketing reasons?

Why did you agree to reserve a plot with a "non-descript plan" attached?
Did you even see what you were buying beforehand in a brochure? 
You may have bought off-plan but at these prices there must have been a brochure, plan, model, mock-up, showflat etc of some sought.

My advice would be:
1) Do not proceed any further with the purchase.
2) Appoint an independent solicitor to act in your best interests recover as much of the money you have already paid out as he can.
3) Consider using the Consumer Code for Home Builders Adjudication Scheme to recover your costs and deposit as it appears Galliard (or their agents) may well have breached several of the Code requirements.

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