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Author Topic: Problems before exchange of contracts :(  (Read 11413 times)

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firsttimebuyer

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Problems before exchange of contracts :(
« on: July 31, 2016, 05:04:53 pm »
Hi
I am looking for some advice if I may.

I reserved a plot on a Persimmon site in early April, knowing that the build would be finished end of August.

For various reasons I am still in a position where contracts have not yet been exchanged, even though I have been able to choose all my 'finishing touches' to the house in question.
As the time of completion is getting closer, I approached my sales person to ask how to organise an independent snagger to inspect the property. However, I was told that Persimmon don't allow this until after you have completed i.e. when they have all your money!

I am concerned as I have already noticed 3 things on the external of the house that I am not happy with:
1) The lounge window has not been fitted flush with the brickwork (I can send a photo if anyone wants to see what I mean)
2) The driveway is not level but everyone else's is (it is a terraced block of 4)
3) There appears to be a few bricks missing at the back of the house just underneath the guttering.

Although I have taken photos of these three things I have not yet mentioned my concerns to anyone at Persimmon. After reading many posts on this site and others, I realise I am in a strong position at the moment, having not even exchanged contracts, but I am really unsure as to how to proceed.

I really like the house, the area and the estate but want to make sure that everything has been done correctly before I take the plunge. After all, it is a lot of money to be spending and I feel like everything should be perfect when a  house is brand new.

Can anyone advise as to what I should do?
I don't know whether to mention my concerns to the site manager, or keep quiet until the CML (?) is passed (I think that may be sometime this week).
Or, do I insist on a professional snagger and be prepared to walk away and lose my deposit if they won't agree?

Feeling stressed to bits here, so am hoping someone can help!

Many thanks,

FTB :)


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Re: Problems before exchange of contracts :(
« Reply #1 on: August 01, 2016, 07:39:38 am »
Failing to "allow" you or your professional snagging inspector access to inspect your new home before financial legal completion was one of the points I raised at the APPG Inquiry Into the quality of new homes in November last year.  I was therefore pleased to see it was the second recommendation in their Report published on 13 July 2016.

Quote
"Recommendation 3: Buyers should have the right to inspect properties before completion
There should be a mandatory right (which could be introduced by the inclusion of suitable provisions in the standard form contract) for buyers to inspect and, should they wish carry, out a full survey of their property prior to financial completion. We suggest that they be given 10 days’ notice by the builder of when their property can be inspected. If after the inspection the buyer/ surveyor deems that the property is not capable of occupation, the final financial completion can be delayed.

Such a provision would also discourage builders from serving notices to complete prematurely, or concealing major defects until after they have received the full purchase price, and would also encourage better quality control and site management pre-completion. In our view, the above suggestion would be relatively easy to implement, and would encourage improvements to construction quality without deterring capital investment or adversely affecting land values for developments already in the pipeline."

However all of this will matter little to Persimmon!
My advice would be to walk away, especially as you haven't exchanged contracts. You will only lose your "Reservation Fee" and you could probably get most of that refunded by using the Consumer Code for Home Builders Adjudication Scheme as it is clearly unreasonable not to allow buyers to see and inspect their homes before they pay for them.

Do not mention anything to the site manager. He will just tell you its all "in hand" and he knows about the defects. What you need is your independent snagging inspector's report and then you can decide when or if you want to go ahead. (I recommend Tim Fee at Snagging Inspections.co.uk 07768 900200)

Everything should be perfect when you by a new home, but you cannot expect that with a  Persimmon new home as I am sure you are about to discover.

But you are in a very fortunate and strong position as most buyers exchange contracts long before their new home is finished.  I do hope you haven't made the mistake of using a solicitor suggested or recommended by Persimmon or one on their preferred list of firms.
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