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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:
Mileysmiley · 21/08/2019 08:52

The original conveyancer or solicitor should be contacted about your concerns OP They have an obligation to their clients and if they have made a mistake you can report them to the Law Society.

FrangipaniBlue · 21/08/2019 08:52

@thedancingbear Grin

LellyMcKelly · 21/08/2019 08:54

Those of you talking about ways of boarding the loft are missing the point. The OP has a contract which states that the loft would be boarded. This was a specific request and was agreed between her nd the builder. The builder appears to have deceived her as he now says it is not possible. Therefore, it is possible that she was sole the house under false pretences. OP this is potentially a legal matter and you should consult a solicitor who could consider where you would be able to take the builder to court for mis selling the house, with a few to him having to put in place some sort of flooring that doesn’t invalidate the warranty, or give compensation for lying in order to sell a house that does not match what the client paid for in good faith.

Janicejaniceahmfallin · 21/08/2019 08:56

Sorry for your situation, OP - you need to talk to your solicitor, but realistically there’s probably not a lot you can do to claw back the cost of this from your builder.

He knew fine well that he couldn’t deliver what you were asking for, and rather than be straight up and honest about the fact (and risk losing his buyer and his profit), he strung you along with lies and obfuscation until he could push the sale over the line, on the basis that there’d be very little you could do about it, contract or not, without incurring enormous expense and months (possibly years) of stress and hassle.

When it comes to cunts like this, the legal and regulatory system in this country is completely toothless. We were ripped off by a bunch of utter criminals for tens of thousands of pounds and left in a home that was dangerously unstable. They did the same thing to two other families within the space of a year. Unless you can afford legal action - and are confident they have the assets to honour any award - contracts aren’t worth the paper they’re written on. In this case we knew we’d never see a penny. The insurers didn’t want to know. Trading Standards were more helpful, but still couldn’t stop these idiots collapsing their company and starting a new one within weeks. Sites like Checkatrade and Rated People are complicit in allowing them a shop window (using old or falsified reviews) on the basis that if you didn’t hire through their platform, they don’t want to know.

No comeback, no consequences, no protection for the buyer. Because these people know that by the time you’ve got to the other side of a generally stressful process, whether buying a home, building or renovating - and especially when that stress has been compounded by disputes over money or workmanship - you are unlikely to have the financial or emotional resources to pursue them through the courts. Plus they’re often physically intimidating and they know where you live. So they can rely on the fact that most people will walk away and suck it up.

As someone said upthread, Buyer Beware. Because no matter what happens, unless you’re richer than God and ridiculously tenacious, there will be fuck all you can do about it.

Mileysmiley · 21/08/2019 08:57

I repeat

Go back to your orginal Property Lawyer or Solicitor or Conveyancer and ask them about it because they will rectify any mistakes that have been made during the house purchase!

Mileysmiley · 21/08/2019 08:58

original typo

Mileysmiley · 21/08/2019 08:59

A lot of property lawyers have a close relationship with builders but their clients come first and they will contact the builder for you and sort this for you OP

Mileysmiley · 21/08/2019 09:00

janice you sound very bitter ... what happened?

CornishMaid1 · 21/08/2019 09:02

It there is a clause in the contract that he will board out and floor the loft and he hasn't, he is in breach of contract.

You need to speak to a solicitor - try the solicitor/conveyancer who dealt with the purchase for you.

Before doing that, I would suggest you find a builder you would trust and get a quote for the cost of installing a raised floor for storage in the loft, including any strengthening work needed to make the roof adequate.You would looking against the seller for the breach and to be put right, it would be either the builder putting in the floor he contracted to provide or the cost for you to get it done yourself. If you know the cost upfront it makes it easier.

katewhinesalot · 21/08/2019 09:04

He hasn't delivered what he was contractually obliged to. Get legal advice.

motherofdogscatschickens · 21/08/2019 09:11

OP - there are some well meaning but ill informed advice above. its my job so bare with me....

Im assuming you builder is a small builder as opposed to a large house builder. Im in no way siding with him here- but quite often these type of guys dont know building control and design off the top of their heads- they rely on their architects etc. so they often have form for over promising, and also dont know the law to the degree they should. this is not right, but leads to situations like this.

He is also right that insulation has to be inspected, and also can't be compressed. not to bore you but insulation works on the principle that air gets trapped in the layers- keeping you warm.

He is probably also right that the v roof trusses are not fully load baring- they are not the same thickness as your first floor beams for example as they are not meant to carry the load of a useable floor. However- they are more than capable of taking the load of you walking on them, or storing light items- ie- christmas decorations, but not anything particularly heavy- say a fully loaded chest of draws.

That said....

  1. you can buy plastic feet called 'loft legs' these raise the flooring above the compressed floor. they are cheap and can be bought anywhere like wicked/ B&Q etc. these dont compress your insulation. compressed insulation may invalidate building regs.

  2. he should not be using planks of wood- but large sheets of tounge/grove edged chip board. this spreads the load far more evenly and is specifically designed for this- you can buy packs of it for about £10. it wont hurt your NHBC as that is a structural and quality guarantee, not a 'no change' guarantee.

  3. i dont know how much extra you paid your builder, and it clearly wont fall under any sales pack as its a side contract between the two of you. However- as you paid for this as part of the sale of the house, it falls under the Misrepresentations Act 1967. Under this your builder cannot intice you to buy or spend money on something that is not true, or you have a valid claim. In this case your are most likely to claim damages or your money for the flooring back. this will not spread to the contract for the sale of the whole house.

sometimes the threat is enough.

just so you know- to add flooring to the loft, or use a loft edge system (where storage is added closer to the eaves where the risk of sagging is less) you should be looking at paying no more than £500 for a 3 bed house- and thats on the expensive side. should you need to do it yourself (its quite easy i assure you)- its going to be more like £100-200 depending on how big of an area.

Unfortunatly, and i guess tyou will now this know- A buyers IS expected to check every single aspect of the house- from checking all the taps work, to going up into the loft. The 'snagging' list is to point out the minor defects like chips, or small leaks. Anything more major you should not complete on until fixed. I know thats easier said than done- because everything is so last minute and builders leave all their inspections to the day before or day of completion- but unfortunatly once you complete you have very little chance to go back.

www.which.co.uk/consumer-rights/regulation/misrepresentation-act-1967

Janicejaniceahmfallin · 21/08/2019 09:20

miley, yeah, I am!

What should have been an exciting and positive thing for us has ended up in near bankruptcy and almost 2 years of living in a collapsing building site. And all the due diligence and protections you think you have in place actually offer you no real shield at all against people who set out to con you and steal your money. It all just falls away and you’re left with the sickening realisation there’s nothing you can realistically do about it.

Sorry, not meaning to hijack thread - I’ll shut up now! My advice to the OP is to investigate sensible paths to get some kind of recompense (via original lawyers, as you’ve suggested), but not hold out too much hope and be prepared to walk away and chalk it up to experience rather than go through the expense and stress of a potentially futile legal battle. In the end you have to count your blessings - if you’re all ok and you have a roof over your head then happy days, with or without loft storage (or in our case kitchen, heating, watertight roof ... Grin)

TheTeenageYears · 21/08/2019 09:34

We bought a new build 14 years ago and even then were told lofts were not designed for storage and could not hold the weight.

There are so many holes in the law that mean i'm not sure what recourse you might have but best to either check with your solicitor or take to Citizens Advice with as much written evidence as possible. Various laws we have found that don't do what they are supposed to do: when you exchange contracts and are supposed to pay 10% but many people just sign to say they will pay 10% if they pull out - the only way to actually get that money is to drag them through the courts! When someone completes the supposed legally binding property information form when selling their house and says there have been no structural alterations to the property, you find out later that's not true and need building regs etc - absolutely no legal recourse whatsoever!

The law works in very mysterious ways and I suspect unless you are willing to drag this through the courts you will be on a hiding to nothing. Sorry (not a legal expert but had a few house situations which were a very steep learning curve).

FredaNerkk · 21/08/2019 09:42

Why not ask this company for a quotation:
www.instaloft.co.uk/loft-boarding-new-builds/

Then ask your solicitor to issue a letter and potentially a statement of claim that in essence sues builder for the cost of getting the above company to install the storage area (plus legal costs) as the consequence of the breach of contract.

Rather than face the threat of legal action the builder might actually look into how the company lays the loft and do it himself (you could even compile a few hyperlinks from this thread) www.instaloft.co.uk/loft-boarding-new-builds/

In this case, the cost of legal action will be modest.

But do make sure that the system he implements does not affect your warranty.

In some ways, I would be tempted to save up and pay the company that claims expertise in meeting new build warranties to do the loft boarding job and over time forget the whole incident with your contract-evading house builder.

ShhhBeQuiet · 21/08/2019 10:04

There are some good responses on this thread and some less good ones 😅.

I'd be mad too OP. I've dealt with new build builders and despite being knowledgeable about building, ridiculously thorough and cautious I've still ended up being shafted by them. Nothing major but still irritating. They just talk bollox.

TBH if it's not that expensive to do the work yourself as per morherofdogsandcats post. I think I'd be tempted to do that. It's annoying but it might be less hassle.

Good luck. I hope you get something sorted. It should be such a happy and exciting time and it's a shame something like this has happened that blights it.

BuzzShitbagBobbly · 21/08/2019 10:05

I live in a (not so) newbuild and I have something somewhere saying the roof space should not be used for storage. It has the W truss linked to above too.

Yet they built the house with a light neatly fitted and working up there, and a switch for it on the landing below!

So mine is part boarded now and I store stuff up there - christmas tree, decorations, suitcases, some old personal items.

NameChangerAmI · 21/08/2019 10:19

SciFiRules

It sounds as though the builder was dong his best and trying to appease you whilst protecting your guarantees.

No!

It sounds like the builder has repeatedly lied to her, and protected himself and the sale. He's basically conned her.

To be people saying to the OP, "What did you expect in a new build house?".

I'd expect not to be lied to, and for the builder to act with integrity.
I'd expect, if told by a builder, that it is possible and safe to floor the loft, for the loft to be floored and for it to be safe.

To people saying "move on, get over it!"

I don't see why you should, OP. You've been conned, and not into buying a cheap second hand car (which would be bad enough) but into buying a house that, had the builder been honest from the start, you wouldn't have bought.

I've no advice though, other than see your solicitor. But even that would piss me off - forking out for a solicitor when you've just moved house, and you'd rather be spending money on something else.

Flowers Wine

ineedaholidaynow · 21/08/2019 10:24

This thread is getting me slightly worried about how much stuff we have stored in our loft. House is about 20 years old, so probably counts as a new build. It does have the cold water tank up there so I assume the roof is designed to take weight.

AdobeWanKenobi · 21/08/2019 14:25

Have you posted this all across the internet than OP?

forums.moneysavingexpert.com/showthread.php?t=6039151

Mileysmiley · 21/08/2019 14:49

Why don't you store stuff in your garage or get a large shed OP?

wowfudge · 21/08/2019 16:04

Posting on two well-known property boards does not equal "all over the internet"! You don't write quotes for the OP's builder do you Adobe?

Responses on this thread have been more sympathetic.

AdobeWanKenobi · 21/08/2019 16:10

Posting on two well-known property boards

wowfudge I make it three personally including this one.

wowfudge · 21/08/2019 16:29

Where's the third?

CuriousaboutSamphire · 22/08/2019 08:43

Have you posted this all across the internet than OP? Given the size of the problem that seems eminently sensible to me! Choosing to post on property boards also seems sensible... more so than posting here.

Folicky · 22/08/2019 23:37

Thank you to everyone. No only posted on two forums. I guess I felt I needed to get a response together promptly.
I’m getting a quote from the instaloft guys and speaking with my buildings insurers to see if their legal cover is likely to address this. Someone above had a good handle on the situ - the builder is a cunt.

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