Author Topic: Mis sold house - playground issue  (Read 174 times)

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Sailorj000

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Mis sold house - playground issue
« on: August 09, 2020, 04:47:27 pm »
When I purchased our house, I was told by the sales team that the area opposite the house (the old site) would be woodland. I later learned it would actually be a LEAP at the very last moment during our house sale.

When building work started, I noticed that the play area did not look like it was in the location originally implied by the plans. I contacted Bloor Homes and they told me they were not at liberty to divulge any plans or drawings with me. I found the plans dated 2017 on planning pages which showed a clear design and layout of the play area. However, it's quite apparent that the building work currently taking place is very different to the original - the play park is clearly built much closer to the surrounding houses than the detailed plan depicts.
 
This is not what I signed off on when I purchased my home and feel that Bloor Homes have misrepresented it to me. The area was sold as being a quiet woodland area.

I know a few other residents who are devastated that the park is so close to their home and they were not told about it either at point of purchase. Having spoken with them, they are at a loss at what to do and don't know how to proceed, if at all. Bloor clearly mis-sold the surrounding houses to their customers.

I have tried to gain information from our solicitors mentioning that it should have been raised during the searches, however, they have not been very forthcoming either, and I'm not surprised as they were recommended by Bloor to complete the house sale. Obviously in cahoots! 

I am at a dead end with them and really don’t know how to proceed! Please help.


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Re: Mis sold house - playground issue
« Reply #1 on: August 10, 2020, 08:56:40 am »
As you now know why, you should never, ever, EVER use the housebuilder's recommended/suggested solicitors. It will; never be in the buyers best interests and as you found out, often only benefits dodgy large housebuilders.  You could and perhaps should make a complaint to the legal ombudsman suggestion 1) Collusion with the housebuilder (vendor) and 2) Professional negligence.

Regarding what Bloor Homes told you, showed you.  It is inconceivable that any new homes slaes advisor would say "they were not at liberty to divulge any plans or drawings..."
The reality is they have a strict legal duty to do just the opposite under the Consumer Protection for Unfair Trading Regulations 2008.

Now however the onus is on you to prove what you were told and not told at the time of sale, which unless you recorded the conversations will be difficult.  You could claim using the Consumer Code for Home Builders Adjudication Scheme - created by and administered by the industry.  You may be out of time to do so now.

Regarding the plans, anyone is entitled to amend the plans as they see fit. But there is a requirement to keep buyers informed of any material changes likely to affect their decision to buy/proceed. Regarding planning, most often any minor changes are rubber-stamped by the planning authority without so much as a cursory glance. However, it may be worth writing to them to point out a possible breach and let the council fight your corner. The more buyers/residents you can get to sign a letter or petition, the more likely the council are to sit up and take notice.
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