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Mis-sold a house!

75 replies

Folicky · 21/08/2019 01:45

I have recently bought a new build house from a builder.
I had it entered as an ‘agreed extra’ in the contract of sale that the builder would put some flooring in the attic for storage purposes.
I did not know nor did the builder tell me that strictly speaking this was not possible. Nor did he tell me that if he did put any flooring down, he would have to remove the insulation and it would invalidate any guarantees against the property/roof with NHBC for example.
Now 5 weeks after we completed, he is coming out with this horse shit.
He completely strung me along during the process…oh I can’t put the floor in yet, the insulation needs to be inspected, the insulation has only just been inspected so I’ll start on it now. I’ll do it while you’re on holiday etc etc. Anything to push this into the long grass and after the completion date. I did not check that he had done this prior to completion because there were several other things to check and he caused a huge drama on the day of completion about my solicitor not getting back to his in a timely enough manner. I clocked this as a smokescreen for something at the time and withheld some money in order to provide him with an incentive to finish some other small things he was supposed to so….but to was all to high drama and confusing to be able to really decipher what was going on.
Anyway now that I’m back from holiday he has only put in 3 planks of wood which he says is the flooring in the attic. When I challenged him on it he said, that was all he could do because the roof cannot take much load and it would indemnify any guarantees I had….and he would have to lift the insulation which is not ideal. However at NO TIME did he mention this prior to completion and indeed I had him laying flooring in the attic for storage purposes written into the contract of sale. However the fact that this is written into the contract of sale seems inconsequential to him and does not seem to be a threat/impetus.
Anyhows I’ve checked it with building controls and what the builder has now told me (after completion) is accurate. The attic has a truss rafter (w shaped) roof and is not designed for use as a storage space. Also it is against building control/regs to remove insulation or compress it (this makes it 50% less effective.
My position therefore, after substantial investment in this new build detached house is…..
I wouldn’t have bought if the attic could not be floored. It is one of the things I asked about early on, if I could get a storage floor put in.
I would not have bought the house if I’d have known that storing things in the attic would make me lose my guarantees on the house. Who would accept this? Having everything under guarantee is one of the reasons for buying a new build house.
I would not have bought the house if I’d have known that putting storage flooring in the attic would mean removing the insulation, when lower running costs were another central reason for moving into a new build home
I have paid for a home with modern insulation, that is guaranteed and that has storage.
It is a bit like buying a house with a garage and being told all along you can use it for storage only to find out after you have bought it that this is impossible or it would only be possible if you traded the storage aspect in for a less well insulated house or one without normal home builders’ council guarantees. There was NO mention of any conditions being put on the contracted agreement to put in flooring in the attic for storage purposes prior to the completion of sale (of the house).
It is apparent that the builder has strung me along to believe that he was going to put flooring in the attic for storage purposes with a series of deliberate and calculated lies designed to push this issue to after completion of the house sale. When I asked why he had not put down the flooring 2 week prior to sale completion, he said that the insulation needed to be inspected first and the flooring put down afterwards, when I asked again about this he said that the insulation had just been inspected the day previously and he was doing it now. When I noticed after completion that he had not done it (in the midst of the news of the leak and the various other things that he didn’t do) he told me he would do it while I was away on holiday. When I came back he had put down 3 planks of plywood around the attic door which wouldn’t hold a few suitcases and a Christmas tree.
WTF can I do?
Has anyone been in this or a similar position?
Can I sue him for mis-selling or breach of contract?
The building Control officer said that raised batons would need to be put down to raise the height of the floor so that the insulation would not be compressed and that, at the owner’s own risk, flooring could be put down in a large middle section of the house if desired. However as I am only finding out all of this deception now (5 weeks after moving in), I have spent any spare cash on blinds and furniture – so I haven’t got the oney to put this right in the meantime if I have to sue.
And also WTF (where W = why) should I even think about this when I have been consistently deceived and filibustered with drama, guff and tripe….When I cannot tell you how many conversations I had with the builder about the attic storage, what I was going to put there, how important it was to me, the fact that I was going to put up shelves (which I’ve bought) that I tended to buy older sizes of clothes for DC in the sales and wanted to keep them in the attic, etc, etc, etc.
I’m passed myself.
Any advice welcome.

OP posts:
wowfudge · 21/08/2019 08:00

The problem with trying to enforce this now is that it's going to cost more money and emotional stress than it's worth in the scheme of things and if this was such a big deal to the OP then yes, she really should have checked it before exchange.

thetigerthatcamefortea · 21/08/2019 08:03

I think the point is what do you want?
To force the builder to board it? Thus invalidating your NHBC 10 year warranty?
That’s a silly idea.

messolini9 · 21/08/2019 08:06

Can I sue him for mis-selling or breach of contract?

So sorry you've been ripped off like this @Folicky.
Do you have any documented record of your discussions with the builder, & his verbal assurances?
Ditto his verbal smokesceening & backtracking?
Are there any plans or even sketches of the attic area designed as per verbal promise?

Without those, any legal case is going to be "his word against hers" & you would have to be very gung-ho & determined to push it through.

Best first step would be to find a lawyer with a "free half hour consultation" type offer, as I imagine you're probably all spent out after the purchase ...?

  • write yourself an basic transcript: "on Date X he said blah blah" "On Date Y I specified", as accurate as you can recall, & use this to keep a logical progression of events as they happened clear in your own mind. walk lawyer through it, & see what advice you get.

Bloody shame this has taken the shine off what should have been a happy & exciting new adventure for you. If you cannot achieve resolution, best wishes for being able to reframe the whole damn episode in your mind so you continue to get positive enjoyment out of your new home xx

squirrelspatchcock · 21/08/2019 08:12

I think YANBU. Storage in the loft is obviously an issue for you, and the builder had the opportunity to tell you it wasn't possible (in the way you wanted it done) at the beginning when you asked for it. He obviously didn't want to lose the sale, but in the process he definitely misled you.

Whether it is worth doing anything about it, I don't know. I suppose that depends on how 'deal breaking' the issue is for you.

thedancingbear · 21/08/2019 08:15

To what extent does the value of the property reduce because you cannot use the attic for storage?

Not megabucks but certainly materially. I'd guesstimate four figures though depends on size of loft, value of house etc.

Would taking legal action cost as much if not more than that reduction in value (if any.)?

Depends. (i) small claims track could be viable which may well be worth the cost and stress depending on value of claim and (ii) a majority of threatened claims resolve in correspondence without the need to go to court, particularly if the claim is a slam dunk, which could be the case here.

SockMachine · 21/08/2019 08:17

Those suggesting raised batons etc;

building control have confirmed that the structure is not designed to carry weight :
“When I challenged him on it he said, that was all he could do because the roof cannot take much load and it would indemnify any guarantees I had…
“ Anyhows I’ve checked it with building controls and what the builder has now told me (after completion) is accurate. The attic has a truss rafter (w shaped) roof and is not designed for use as a storage space”

OP: it was in the contract, the builder signed a contract to do something that he knew or discovered to be impossible : I would go straight back to your solicitor.

Did you pay extra for a floor?

thedancingbear · 21/08/2019 08:17

Randoms on the internet can't tell you whether this is worth looking at further, OP. The only person who can do that is a qualified lawyer with full sight of facts and evidence.

TatianaLarina · 21/08/2019 08:20

I think you’re just going to have to accept it. Builders talk shit.

BlueLadybird · 21/08/2019 08:22

As someone else said above you need to speak to your solicitor and ask how to put it right. But when you do, make sure your correspondence is significantly shorter than the post above and sticks to the basic facts. I know you’re angry and understand why but if you overload it with as much emotion and he said/she said as above no one will listen.

Mileysmiley · 21/08/2019 08:26

I'll ask a property lawyer about this because I am very close with one ...

thereinmadnesslies · 21/08/2019 08:29

We’ve been looking into this, this company installs a system of raised boards which doesn’t invalidate the warranty on a new build: www.instaloft.co.uk/loft-boarding-new-builds/
I don’t think it will be possible to store loads of heavy stuff, but it makes the loft usable.

Tonnerre · 21/08/2019 08:31

What is your “loss” here

You have a house in the area you wanted and the size you wanted. In all other respects it is the house you wanted and the price reflected that.?

Surely that's obvious? The loss is the cost of making the area fit to take storage. And it isn't the house OP wanted, because storage was important to her.

Mileysmiley · 21/08/2019 08:31

I have just spoken to a property lawyer and you can put boards in an loft a new build property and it will not affect your NHBC at all.

Check if you want but he does work for a top law firm in Manchester

Tonnerre · 21/08/2019 08:33

Alternatively, if it's impossible to remedy this, then potentially the contract is voidable and the claim is a large one reflecting the difficulties that that poses.

Mileysmiley · 21/08/2019 08:33

New builds lofts can be used for storage they are just as stong as older properties my home is 30 years old and it was a new build when I purchased it.

cranstonmanor · 21/08/2019 08:38

Can you speak to a sollicitor and sue? Since you are getting less house for your money than agreed it might be that you are entitled money back.

Can you build a garage or something to store your things in? I realise that you don't have the money right now, but maybe something is possible if the buildr pays up.

Anotherusefulname · 21/08/2019 08:40

I had no idea you can't use a new build loft as storage.
We keep all sorts of things in ours (1930s Semi). We would be over run with stuff if we didn't have that space.
I would be incredibly pee'd off if I was you OP.

Racingthorn · 21/08/2019 08:44

My daughter bought a new house from Taylor Wimpey a couple of years ago and was told the loft couldn't be boarded over and used for storage as it would invalidate the warranty so it's definitely a thing.

bridgetreilly · 21/08/2019 08:46

I would say that the loss is actually all the costs associated with selling this house, purchasing and moving to a new house which fits the criteria that the OP had agreed with the builder about which he misled her. Moving house costs about £5k. That may not be quite enough to bother suing him for and presumably that's the gamble he has taken.

Maybe try the small claims court?

SpannerH · 21/08/2019 08:48

I would definitely get onto a solicitor. This is why I wont buy a new build they're tiny in comparison and none I know are able to use the attic as storage. I asked what its purpose was when we went to see one and they said just insulation oh and we put the aerial wires up there Hmm he's missold you the house and been stupid enough to put it in the contract. don't back down

Mileysmiley · 21/08/2019 08:49

@Racingthorn

Well they must be trying to cover themselves because everyone I know have boarded their loft to use as storage. My loft is heaving with heavy crap. I used to have a loft over my garage which was turned into a bathroom and we did then replace the trusses because of the excess weight of a bath etc

FrangipaniBlue · 21/08/2019 08:51

OP there are a couple of things you need to do.

First is contact your home insurance - most cover legal fees and I'd have thought that a disputed over a property purchase would be exactly the kind of thing it will cover.

If they will cover you, go see a solicitor (they may tell you who to use) with all your paperwork, emails, text messages whatever and see if you have a case.

Lastly you need to know what can (if anything) be done to rectify the issue. I would find a structural engineer and pay them to come out and inspect your roof trusses and loft area and provide a report on a) whether it is suitable for storage and b) if not, then what needs to be done to make it suitable for storage while maintaining your warranty.

This will help your solicitor decide what to ask for IF they take your case on.

Mileysmiley · 21/08/2019 08:51

@SpannerH

Well some of the new builds near me are Barratts and they are massive ... I tempted to buy one myself but I would miss my established private garden so probably not

SockMachine · 21/08/2019 08:51

See this on roof truss loads:

www.hunker.com/13401778/how-much-weight-can-you-hang-from-a-roof-truss

thedancingbear · 21/08/2019 08:52

Frangipanblue is wise, OP.

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