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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To ask if anyone can help with this home developer issue?

5 replies

Welshmaenad · 30/04/2015 20:29

Posting for traffic really, my sister needs some help.

She and BIL want to move home and have been looking at several local new build developments. They especially liked one, and loved the 4 bed detached on the (small) site. They asked a lot of questions about the development and were told a few of the houses are affordable homes and five 2-beds at the end of the close would be social housing. Sister was a little concerned about this - not from any snobbery POV but because another local development mostly comprising social housing has had a lot of problems with anti social behaviour. The new house will be a big step up mortgage wise and she was concerned about neighbour problems devaluing the property or causing issue with a sale if they had to declare disputes etc. However, the lady reassured her that there wouldn't be any issues as it was only 5 houses, and they were not directly next to the house they wanted; they were offered a great deal with part ex and stamp duty paid etc so paid a £300 reservation fee.

On going back in to sign papers they asked what certain symbols on the architect plan (on most of the homes but not theirs) meant as it had been confusing them. It was then revealed that the woman had lied previously and the WHOLE development bar the house they wanted, another detatched house and 2 flats were ALL going to be social housing.

Due to the problems witnessed elsewhere where this was the case they now do not want to proceed with the house. The developers are refusing to return their reservation fee despite it having been paid based on false information about the site. We are preparing for battle with the head office tomorrow - what legal arguments can we use to help her case?

OP posts:
Hoppinggreen · 30/04/2015 21:04

Can't help but she is doing the right thing not buying the house. We discovered too late that we were one of 5 houses not Social Housing on a development. We didn't think it would be a problem but it was a bloody nightmare.
Best of luck to your sister.

monkeysox · 30/04/2015 21:17

She needs het deposit back. False selling.

OrangeVase · 30/04/2015 21:24

Is the house leasehold? Is the road a private estate with a management charge and communal grounds of any sort? (I would expect this to be relevant)

How big is the development?

I think she should certainly pull out if she does not want the house. whether she can get her deposit back or not depends on the contract she signed I expect.

Tulipblank · 30/04/2015 21:28

Fraudulent misrepresentation. Get her to quote that. Right to rescind (ie cancel) the contract if I recall correctly together with right to claim damages.

Welshmaenad · 30/04/2015 22:00

Thank you, I will get her to talk about fraudulent misrepresentation when she talks to them.

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