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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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, I bought a new build flat in South London and moved in

Resolved Question:

Hi, I bought a new build flat in South London and moved in over 1-month. I complaint to the builder about cracks and poor workmanship in the quartz kitchen worktop. I seek that the builder to replace the worktop. The builder has offered to buy back the flat. Is this not a breach of contract? Can the builder do so? Thanks. Regards, Mei
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
For now Mel do you want the complaints fixed or to sell the property back?
Do you know the cost of repairs please?
Customer: replied 2 years ago.

Hi

I would like to know if builder is refusing to rectify defect and offer to buy back the flat is a breach of contract? Why is it still purchase of property is not under the Sales of Good and Services Act for protection of consumer rights. The builder is not buying back at market value now and I've paid 10% deposit in Feb-2014.

I estimate the cost of repair could be around £3-5k

Mei

Expert:  Ash replied 2 years ago.
He can't refuse to repair and just say he will buy back. You have a number of quotes to do the work, this forms your loss.
You need to write and set out your losses and request he does the work or a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you the cost of repair or does the work then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Customer: replied 2 years ago.

Hi Alex,

Thank you very much for your advise. Your response gives me hope that home buyers (especially new builds) are not left stranded with poor quality workmanships and bullied by the developers, once we have completed the purchase.

I was quite shocked when the developer emailed with offer to buy back at cost, solicitors fees, etc. with invoice only. However, no consideration what so ever about home buyers time and stress, moving costs, etc.

Conveyancer solicitor has not been helpful at all once the purchase had been completed as well.

Your advise today help immensely with the next steps I should take.

Thank you again. If I do need to contact you for further advise, is there an option for payment per service?

Mei

Expert:  Ash replied 2 years ago.
Hi Mel
Yes you can pay per question or subscription but please ask for me when posting questions if you would.
If this answers your question could I invite you rate my answer before you leave today.
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Expert:  Ash replied 2 years ago.
Hi

I am just following up on this. Is there anything else I can help with? If so, please let me know.

Alex.