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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
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Experience:  Solicitor
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I have a dispute with Crest Nicholson (housebuilder) over a

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Hi, I have a dispute with Crest Nicholson (housebuilder) over a new build purchase. When I agreed the price with Crest, I requested certain incentives (stamp duty paid, flooring paid & turfed garden) and was told, in writing, that these were not available as there was 'nothing left' in the margin of the house. Upon exchanging contracts, Crest have begun advertising an identical property, on an identical plot, with all of these incentives included and the price reduced by £5,000.
Upon complaint, they have assured me that this was a 'one time offer' for a single weekend, however a simple visit to their site has shown that they are still marketing the house with these incentives.
The total impact, on things I asked for but was told were not available, is £15,000. Do I have any recourse?
Submitted: 7 months ago.
Category: Property Law
Expert:  Jamie-Law replied 7 months ago.

Hello my name is ***** ***** I will help you with this.

Just to confirm these incentives were not offered to you in writing?

Customer: replied 7 months ago.
Hi Jamie, When negotiating the price of my house, I requested these incentives in writing and was advised that they were not available as the was 'nothing left' in the margin of the house. I have this request, and rejection in writing from Crest. I then have in writing, via a marketing text, the offer of these very incentives on the identical plot next door. I also have it in writing that these incentives were offered on a 'one off' basis, yet I have photographic evidence taken in their marketing suite this weekend that this was untrue and the incentives are still being offered. It is my belief that now the houses are nearing completion, Crest are adding incentives to stimulate sales, leaving me penalised to the tune of £15,000 for committing early. Does this answer your question?
Expert:  Jamie-Law replied 7 months ago.

You need to write and set out your losses and request 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 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://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-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.

You would need representation as your losses are £15.

This is appalling behaviour and you should seek to teach them a lesson. How dare they lie and cheat you.

Can I clarify anything for you about this today please?

Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 3220
Experience: Solicitor
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