Comments on: New Homes Complaint?

By: Paul Barker

Paul Barker — Mon, 04 Oct 2010 09:15:14 +0000

Assuming there are no hidden matters you are not disclosing, I think you have been more than patient for a resolution.

Have you spoken to the NHBC. The builder is NHBC registered, therefore you have a route of complaint there. Alternatively – you may wish to try this first to prove you have given the builder every opportunity to remedy the situation – the builder’s Head Office is in Sussex. Have you contacted them there? Quote to them their own words on their website – “We believe in providing the very best in planning, innovative design, construction and service…” Tell them they have failed you and your neighbours badly in this respect.

There should be no need in today’s society to go down a route of legal action. You have the law on your side if your claim is valid – but the company knows this and will not want the adverse press. Which is your third course of action. Tell the builder that if a resolution is not agreed within seven days, you will be calling in the media.

Light the blue touch paper; step back…

Keep us informed as to progress.

By: Mrs. M. Millar

Mrs. M. Millar — Fri, 17 Sep 2010 18:31:38 +0000

It is now 17th September and we are no further forward, with O’Briens apparently dragging their feet on the work required to be done and they do not answer our e mails. Any advice please.

By: Mrs. M. Millar

Mrs. M. Millar — Wed, 23 Jun 2010 18:27:35 +0000

We bought an O’Brien Homes property in Scotland. Whilst O’Briens signed the missives that the house would not be released until a local authority completion was issued, this was not the case. Two and half years on we still have no completion certificate and the banking of our garden, and the garden plus 2 neighbour gardens, have subsided. Negotations are on going between the builder and the council but they are slow and we are stuck in the middle. Can we sue builders and win?

By: Paul Barker

Paul Barker — Mon, 22 Mar 2010 12:53:25 +0000

Krystle. It appears here that your problem is that you ASSUMED when you reserved the property that floorings were included. I think you will find that the developer’s marketing material and info pack you received when you reserved will make it abundantly clear that this wasn’t the case. If, however, you were advised either in writing or verbally that these items were included, you should speak to the developer. Even a verbal statement can be sufficient to pursue the developer under the Property Misdescriptions Act – but please note that this will not get you your flooring! The PMA is punishable by fine, not costs awarded to the complainant – but it would be in the developers’ best interests to settle with you rather than defend the allegation.

You ask “how is that possible when new builds going for cheaper prices are being sold with modern flooring and adequate kitchen finishings!” The answer is that there is ALWAYS something cheaper if you look for it; and that properties in less desirable locations will always be up-specced in order to appear more attractive. You obviously had the choice of one or the other and chose the Wimpey property for whatever reason, so really you can’t now use that as a valid complaint.

If, of course, you have not yet exchanged Contracts, you could threaten to cancel your reservation. If the developer doesn’t want to lose you as a buyer, they may be prepared to include, or give you a contribution towards, flooring.

Keep us informed of the outcome.

By: krystle

krystle — Mon, 15 Mar 2010 15:45:31 +0000

my complaint is that taylor wimpey is selling flats without any floorings!!!
how is that possible when new builds going for cheaper prices are being sold with modern flooring and adequate kitchen finishings!
what can be done here as i’m in the process of purchasing a flat only to discover this!! i feel like i’m being ripped off by them!!