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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11745
Experience:  30 years as a practising solicitor.
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I ordered a conservatory in February and paid a deposit. Due

Customer Question

I ordered a conservatory in February and paid a deposit. Due to planning etc it has only recently been finalised however I now find I will have to pay over £1200 additional costs to get the building warrant completed as I have to replace an additional door to the house- the thought I might not need to do this.

I want to cancel the order- I have no written contract just a signed sales invoice and a drawing.

thanks
J
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

Assuming that the agreement you have with the company is subject to your getting a building warrant and as you can't get a building warrant on their design then, in the absence of any conditions of contract to say otherwise, my opinion is that the contract is frustrated as it can't be fulfilled and you can walk away.

You should also be able to get your deposit back less any costs incurred, such as the planning and building warrant applications.

I hope this helps. Please leave a positive response so that I am credited for my time.