New Home Owners And Snagging Forum
Home Owners => Solicitors and Legal Issues => Topic started by: jimmyuknow on July 21, 2014, 09:23:54 pm
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I purchased a Persimmon home in Dec 2013.
The initial brochure and site drawings showed that I had a larger garden.
It was discussed with the sales office what the boundaries were and I was happy to proceed. The sale completed in December 2013 and there was a rush to complete before the Xmas period.
When I received the boundary plan from my estate agent I was not happy with the level of detail it showed and also it appeared the boundary had been moved resulting in a significant loss of land towards my front garden. Obviously I could not delay the purchase as I had no one to stay at such short notice.
I would presume from a legal point of view that since I have signed for it, I have no come back with Persimmon.
I did feel pressurised to complete the sale (used solicitor nominated by Persimmon). It is common knowledge that the plans had changed a number of times.
I still have copies of the original site plan clearly showing what land was mine round the property. I have brought this up with Persimmon and they dismissed my claims and advised me to refer to my solicitor and what I have signed for. Any advice would be appreciated :)
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First bit of advice, Persimmon along with all house builders, cannot force you to use their choice of solicitor.
They always claim "it is easier and will speed things up" for them as they want you to legally complete for their year end figures (http://www.brand-newhomes.co.uk/house_builders_end_of_year_figures.htm) - again something new home buyers should be very wary of doing!
It is against requirement 2.5 of the Consumer Code for House Builders and the Consumer Protection Regulations 2008.
You now realise WHY you should never use the house builder's suggested or required "choice" solicitor (http://www.brand-newhomes.co.uk/builder-nominated-solicitors.htm)
The front boundary may have a highway authority demarcation line on your title Deeds legal plan. This is to ensure that a sight line is maintained for traffic safety. It may also be an easement to allow the Highway Authority access for works. However in either case, it should have been shown on the legal plan you were shown at the time by Persimmon Homes.
My advice would be to make a claim against Persimmon using The Consumer Code Adjudication scheme. (http://www.brand-newhomes.co.uk/claiming-compensation-adjudication-scheme.htm) You should also report your solicitor tot he SRA as he clearly did not have your best interests in mind. bad thinsg happen because good people do nothing.