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Sale agreed and accepted , contract signed , builder trying to change terms

(4 Posts)
Eve Thu 11-Apr-13 10:42:16

HI,

need help with wording on an email.

we are buying a new build from a large building company, we have signed and paid a deposit to reserve and agreed package to move.

The package we agreed states ' we'll pay your removal costs'

The builder had now said this was a mistake and they are no longer paying for removal costs (3 weeks before we move).

I dint think they have a leg to stand on.. but need the appropriate wording to say that. Isn't it covered under English contact offer and acceptance law... or something like that.

SuedeEffectPochette Thu 11-Apr-13 15:48:54

Hi - you must have a conveyancing solicitor doing the purchase for you. They should be able to give you the answer. If it is a term incorporated into your contract, you should be fine. If you have only so far paid a deposit to "reserve" and not yet exchanged contracts for sale/purchase, you may find it harder to insist on this still being paid for as basically they can probably pull out of the deal (which I guess that they will threaten to do, and offer to repay your reservation deposit).

SuedeEffectPochette Thu 11-Apr-13 15:50:45

Offer and acceptance doesn't work quite the same way with contracts of land because all the terms need to be incorporated into a written contract (hence "exchange of contracts" which a solicitor generally does). You can't, for example, sell your house via an oral contract.

TripleRock Thu 11-Apr-13 15:53:50

You haven't actually exchanged contracts though?

At this stage anything is up for negotiation and either party can walk away from the deal.

Pretty bad form from a national developer though. They should honour it as a gesture of goodwill.

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