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Barratt Homes Development Misold

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  • Barratt Homes Development Misold

    Need some advice on a property I was about to complete on in 4 weeks time and had to pull out due to the driveway elevation not being clearly explained even though we asked in the sale meeting what the differences are between the 2 plots side by side (as at the time we had the option of either) one has now got a flat drive and the one we were purchasing has a slope drive.

    We had to pull out and in a result lost loads of our time and our chain of buyers.

    I have also lost over £2k due to their lack of sales experience. I have recently received correspondence regarding my complaint which is posted in the comments below. Basic denying fault/misold and going on to say everything was done correctly.

    I sent them a formal complaint nearly 2 weeks ago which was,

    Dear Barratt,
    I am making a formal complaint against Barratt Developments PLC. My complaint is that I have
    been mis-sold by your sales representative at the Chilmington site in regard to plot 10
    elevations.

    I contacted your office in May of this year to purchase one of your new builds on this
    development. After viewing the show home’s I was extremely excited to purchase one of your
    homes for my family as we felt we were outgrowing the current home we are in and need extra
    space.

    We came to the office and looked at the properties available and found one of the 3 bed town
    houses would accommodate for our needs perfectly!
    After deciding this was something we would like to proceed with, looking at figures etc we came and had a meeting with Michael Barnes your sales representative. At the time there were several plots of town houses available. We were lucky that 3 of the end terraces were available at the time. We discussed that one end terrace, plot 12, would share a driveway with plot 11 so this was not of our interest. The two others were plot 9 and 10. We asked if these plots had any differences, to help us with our final decision. Michael said the plots were identical, but the floor plan would be a mirror image. Plot 9’s stairs would be on the left and plot 10 would be on the right. We did then ask about the elevation of the ground (to help with the choice of plot 9 or 10) he then looked at the drawing’s and confirmed the ground would be pretty much level. To us at this point we was lead to believe that the two properties were the same so we decided on plot 10.

    Very happy with our choice we started the ball rolling and paid the reservation fee of £500 to secure the property that we thought had everything we needed with no risks or concerns.
    I have since been organising all of the expenses for this move to proceed. I have paid out £1926 to date. I have paid out for non-refundable mortgage fees, solicitor upfront fees, conveyancing, RICS surveyor and help to buy fee to commence with our redemption.

    I met the site manager on the Wednesday 11th September and walked around plot 7 to get a general feel of the build as this was the one closest to completion that I could enter for H&S reasons.

    The groundwork to the front of the plots was still formed of rubble and earth but generally looked all level. A few weeks later I had visited the site to view the progress and the driveway was block paved and vegetation was planted. I have attached photos of the build of what we thought our driveway was becoming but a few weeks later it was all torn up and reconstructed as described below.

    When we drove by last week to check on further progress but to our dismay when we saw the property we was shocked to see the drive way on plot 10 (the one we have been working so hard to secure and move to) had an extremely sloping drive to the carport and a wall
    constructed against Plot 9’s levelled drive!

    We are not prepared to move to a house where our possessions are at risk. We were not made aware of this at any point of the sale or any form of discussion regarding drainage, risk or flood prevention to protect the property/vehicles of a sloping driveway. The driveway and carport will also suffer from debris, litter and dead leaves on a regular basis.

    We was hugely mislead during the construction of these plots, the driveways were all level and block paved. 5 weeks before completion the whole front of the plots has been reconstructed.

    We would have NOT chosen plot 10 if we had been told initially. We are now greatly out of pocket as we are not prepared to move to a property that we have no confidence in. We should have been made aware what was being reconstructed but has not been brought to our attention
    during the construction phase.

    This is a critical issue and should have been disclosed when being sold to us, not for us to have discovered 4 weeks upon completion 3 months after commencing to purchase the property.

    I have worked so hard to make this move possible and paid out hard earnt money to make this
    happen. I do not have disposable cash for errors made by Barratt.

    Why was this not brought to my attention way back in our first appointment or during the
    construction?

    I have had no choice but to pull out from the sale.
    It is completely dishonourable to expect my family to now NOT afford to move anywhere else.
    All the savings have been paid out on all the fees to purchase this property which has clearly
    been Mis-sold.

    In my view, Barratt should compensate me fully so I am not at loss from the misrepresentation error caused.

    I understand that you are required to respond formally to my complaint. I shall follow up this letter if I do not hear back from you by Monday 11th November. In the meantime, if you need any information from me, please telephone me on the number above or email me at the address above.

  • #2
    The response to our complaint,

    I hope you are well.

    As requested I am replying to your complaint via this email.

    I have reviewed the drawings you were shown on reservation by the sales team and the plot itself in reality. I can confirm that what is noted on the external levels drawing depicts what has been installed on site itself. When we install driveways we put a fall or slope on them so as to allow for any sitting water or spillage to run away. Plot 10 has a drain in front of the car port to allow for this to drain away and not enter the car port itself. There is a difference in the starting levels of Plot 9 and 10 hence why a wall has been installed between so we do not have driveways that are on an angle from side to side. However I can confirm Plot 9 has a fall on its driveway as well to allow for drainage to occur.

    Therefore I can confirm that we have not mis-sold the property to yourself and the information provided is reflective of what has been installed on the development for Plot 10. I am disheartened to hear you feel you have received poor service from the sales team however I can confirm they did demonstrate this information to yourself at the point of reservation and this has been undertaken by the construction team.

    Should you have any further questions regarding this matter please do not hesitate to contact me.

    Kind Regards,

    Comment


    • #3
      My recent response to this is below which I am currently waiting for correspondence,

      You seem to be missing my point, you are explaining about what is on the site and the current drawings
      to a person in your position can understand. We as buyers are not experienced or have access to
      drawings this was Michaels duty to deliver to us as a buyer.

      My complaint is that none of the information was delivered at the point of reservation when we asked
      about elevations and differences which was witnessed by my family who were also present. There was also
      no flood prevention/drainage discussed in the meeting as this would have alerted us on the matter and
      we would have changed our decision.

      The driveways have been altered within the last 6-8 weeks which was not highlighted to me, I have got
      photographic evidence from start to finish and there is clearly a different layout now.

      After seeking advice on the matter, we understand this is professional negligence and in breach of duty
      of care on your behalf, as everything should have been transparent and explained clearly at the point of
      reservation. Now I am at a financial loss due to this negligence and I am prepared to take this further.

      Comment


      • #4
        Hi,

        Property disputes are very costly as they can spiral out of control so my advice would be to get some initial advice from a solicitor on your prospects. Obviously for a misrepresentation, you still have to prove to the court that you would not have entered into the contract anyway if the misrepresentation had not been made.

        I should think that If you have any legal expenses insurance, then that would be your starting point.

        Can I ask what exactly is the loss you are claiming as a result of the drive being built the way it is now? Does it have to be a monetary compensation or can the matter be remedied i.e. a level driveway or is there some other solution less costly than legal proceedings?
        If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
        - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
        LEGAL DISCLAIMER
        Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

        Comment


        • #5
          Thanks for your response @R0B

          The loss is for solicitor upfront, searches, help to buy reservation and the mortgage fee I paid totaling £1926.

          The way the construction of the property is it can not be leveled.

          I have legal on my home insurance which I have already contacted and awaiting correspondence.

          I can fully prove I was buying if the property as I had a chain buyer who also had a buyer, I was practically completing in 3 weeks time...

          Comment


          • #6
            Ah so you have withdrawn completely from the sale then without repurcussions other than costs already paid? If that is the case then I would think the misrepresentation case is less risky and even if you can't get legal representation, it's probably something you could have a punt at yourself as it would likely end up on the small claims track with limited costs.

            I would imagine Barratt would try to settle the matter anyway since the cost of defending is likely to outweigh the cost of settlement.
            If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
            - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
            LEGAL DISCLAIMER
            Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

            Comment


            • #7
              That's right we pulled out due to the lack of duty of care from the sales person and professional negligence.
              I am out of pocket due to their error that they cannot seem to own up to plus they are fully aware of our "ready to complete" situation as we used their agent to sell or house and their recommended solicitor...

              Comment

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