Home Owners > Solicitors and Legal Issues

Misdescription / misrepresentation of the development

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KJ:
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:
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.

KJ:
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:
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.

shafiq:
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.

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