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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi We are in the process of purchasing a new home from a well

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We are in the process of purchasing a new home from a well known national developer. It has come to light that the developer has made several changes to the plans that we had approved at the reservation stage. Some changes have been quite significant and irreversible due to construction. We were not consulted prior to the implementation of these changes. We have not exchanged contracts as yet. Could you please offer guidance in relation to what our options are regarding this matter? We don't particularly want to pull out as we have invested a great deal of time and money do far.
Thank you
Alex Watts :

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

Alex Watts :

Is there any change to your build please?

Customer: Yes. A flight of external stairs has been added to the property. This area was originally supposed to be laid to lawn. This change was done after we had approved the plans with no consultation.
Alex Watts :

Ok, what is it you want to achieve?

Customer: We should like to know what our legal rights are in a situation such as this. We were not consulted prior to the changes being made. The change is somewhat permanent and irreversible - stone steps! It has resulted in an un-usable space at the side of the house and a health and safety hazard as there is a lawned area at the bottom that would necessitate us having to take a lawn mover up and down the stairs. Do we have grounds for grievance / redress and possible recompense from the developer for failure to consult with us prior to the changes being implemented?
Customer: L
Customer: hello!
Alex Watts :

Yes but I dont know what you want to achieve, ie cancel the contract etc?

Customer: We don't want to pull out as we have invested a lot of time and money, deposits etc. into purchasing the property. We want yo know whether we can seek redress / recompense for what they have done
Customer: Basically are they in breach of property law and can we seek recompense for it?
Alex Watts : How much are you seeking to claim?
Customer: I have no idea of what level of claim would be appropriate for this matter. Do we have a case for recompense ?
Alex Watts : I think you have a case for breach of contract, but anything above £10,000 won't be a small claim.
Alex Watts : So you need to decide first how much you want then I can advise.
Customer: We are looking at a value of up to £5,000.
Alex Watts : 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.
Alex Watts : If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: or by completing form N1 and take it to your local County Court.
Alex Watts : 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.
Alex Watts : If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Alex Watts : Can I clarify anything for you about this today please?
Customer: Thank you.
Alex Watts :

Can I ask you to rate my answer before you go today - the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

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