Author Topic: Misdescription / misrepresentation of the development  (Read 1720 times)

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KJ

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Misdescription / misrepresentation of the development
« on: August 19, 2016, 05:46:39 pm »
I am new on here, so sorry if I have posted this topic in the wrong place,
I would like some advice,
I have lived in my new build property for 7 years now and believe I was miss-sold, as I have brochures & plans stating development will include shops, doctors surgery, park & ride, etc, which is the main reason I moved.

We still have none of this, the areas where they should be are still a building site, the whole development stated in paperwork to completed 2012/13, we are now 2016, I believe they have had long enough to build shops etc.

Where do I go for compensation?
My property is a Taylor Wimpey, the development is owned by Redrow & Persimmons,
Any help would be great,
Don't even get me started on NHBC (that is a different matter)


New Home Expert

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Re: Misdescription / misrepresentation of the development
« Reply #1 on: August 20, 2016, 08:56:00 am »
It appears that you have bought on a Consortium development where three or more major house builders have split up the land,  sharing the costs of infrastructure, Section 106 agreements and the planning application and conditions.

The whole development would have been approved as it was sold to you. That is not to say that at any future date another application for changes that could then be approved.

It is often the case that apart from estate roads, all other infrastructure and schools, doctors surgery open spaces etc are completed at the very last opportunity. Unlike the homes, there is no money in it for the likes of Taylor Wimpey, Redrow or Persimmon.

It may be the case that these facilities are to be built by or on behalf of the local authority.
In my opinion, you do not have a case against the housebuilders who will, in all probability, pass the buck between each other and the Council.

Your home was not misdescribed, only the neighbourhood facilities.
In much the same way as there may have been open fields nearby which are later then built on or views that are lost.
You are not due compensation.

I would write to the Planning Department and ask when the facilities will be provided and who is responsible for providing them.



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KJ

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Re: Misdescription / misrepresentation of the development
« Reply #2 on: August 20, 2016, 01:13:16 pm »
Hi
Many thanks for your advice,
The amenities were all approved by the Council, and groundwork started for the shops and stopped as the builders Persimmons & Redrow are in a dispute over the land.
 
Just thought I may have a case under the The Property Misdescriptions Act 1991 as it says that any services
offered must not be wrongly described and information must not be false or misleading.
The Consumer Protection from Unfair Trading Regulations 2008 requires all traders to deal fairly with consumers and not to use aggressive or misleading practices?
Would it be down to the council and worth complaining to them?


New Home Expert

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Re: Misdescription / misrepresentation of the development
« Reply #3 on: August 22, 2016, 07:29:30 am »
The Property Misdescriptions Act 1992 has been replaced by the Consumer Protection Regulations 2008.
The clause you are looking for is that information must be true and they must not give misleading statements.

As I said it is down to the council and as I suggested you should write to them!
You are not due compensation as I suspect the facilities will be built albeit eventually.
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shafiq

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Re: Misdescription / misrepresentation of the development
« Reply #4 on: October 18, 2016, 11:12:57 am »
From this link

galliardhomes . com/Parkside

What do members believe Galliard had to to do with the Parkside Development?

From this website I got interested in the Parkside Development and looked up Galliard and the other work they have done. I was impressed and put down a deposit.

We are close to completion and I was SHOCKED to find out that Galliard had almost nothing to do with the Development. They were just acting as an estate agent almost.

If this is not misrepresentation I am not sure what is!!! How can they get away with this?

Could someone enlighten me please.

Matron

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Re: Misdescription / misrepresentation of the development
« Reply #5 on: October 18, 2016, 12:42:47 pm »
I think this happens quite a lot. When we were looking at new build homes earlier this year we found we had to go through an estate agent in order for us to view any of the show homes but understood they were only acting on behalf of the builder (Miller) and still do. We didn't buy one if their homes however. Is this what you mean or have I totally misunderstood?

New Home Expert

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Re: Misdescription / misrepresentation of the development
« Reply #6 on: October 19, 2016, 05:49:49 am »
Beats me too Matron!

They say on their website:
Quote
"Whether you are new to London property investment, or are a seasoned investor like us"
Investor Information Page
"Galliard Homes markets the Group’s portfolio of homes for private sale. The development division of the group, Galliard Homes, is responsible for the site acquisition, funding, planning and design of each project. The construction of these homes is undertaken principally by Galliard Construction"
Galliard Group Page > Galliard Homes
"Our current portfolio of projects under construction both in the UK and overseas has a combined contract value of £4 billion"
Galliard Group Page > Galliard Construction

Not sure what you are getting at or how you have been deceived or lost out.
This is no different from any plc housebuilder. For example, Barratt say they build houses but in reality they are built by many independent sub contractor companies hiring self employed tradesmen, all supervised by one or two Barratt employees.

Why do you think you were mis-sold or will be detrimentally affected?
Its not as if Persimmon or Bovis are building your home!
New Home Blog - New Home Expert is committed to providing help and advice for people having issues with their new homes and difficulties with house builders as well as helping potential buyers reduce the risk of possible problems if they do buy.