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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49868
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Entered an agreement to buy new build house. Partner wished

Customer Question

Hi, Entered an agreement to buy new build house. Partner wished to have granite worktop. This was an additional £3000. The granite worktop fitted in the show house had a join in a prominent position. We asked assistant if granite top came in 4m lengths if it did this would mean one corner join. He was very evasive and non committal. We were under time pressure and place an order for the top under strict instructions that it matched our requirement. We told the assistant that if the company could not meet/match our requirement see would have standard top. They too our money Aug 2015 and in Nov 2015 we saw the w/top was fitted exactly how me asked it not to be fitted. We moved in 22/11/15. Informed company we were not happy and they have offered £1500. The admit they cannot repair w/top to our requirements. We have suggested removing top and fitting standard one, and refund money. They refuse this option.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. why are they refusing to remove existing one and replace with standard?
Customer: replied 1 year ago.
They have not stated the reason but i presume its a financial based issue. It will cost a lot of money due to re tiling, painting,fitting new sink and taps etc as well as top.As well as us receiving £3k
Expert:  Ben Jones replied 1 year ago.
Thank you. When you have entered into a contract for work and materials, where the main focus is labour and skill, the Consumer Rights Act 2015 says that the work must be:· Carried out with reasonable care and skill (to the same standard as any reasonably competent person in that trade or profession);· Finished within a reasonable time (unless a specific time has been agreed); and· Provided at a reasonable price (unless a specific price has been agreed). In addition, any information said or written is binding where the consumer relies on it. This will include quotations and any promises about timescales or about the results to be achieved. So you may certainly argue that the conditions you placed the order under are going to form part o the contract and if they did not provide you what you had asked for, then they would be acting in breach of contract. If there are problems with the standard of work, or any of the above, you will have certain rights: 1. The trader should either redo the parts of the service which are inadequate or perform the whole service again at no extra cost to you. This must be done within a reasonable time and without causing you significant inconvenience. 2. If redoing the work is impossible or cannot be done within a reasonable time or without causing significant inconvenience, you can claim a price reduction. The price reduction would depend on how severe the issues are and could be as much as the full cost of the work. 3. If the service has been performed so badly that it would be unreasonable to expect the consumer to give the trader a second chance, you may be entitled to claim the cost of remedial work by another trader. So as you can see you are not necessarily going to get them to resolve this themselves and in the end you may have to get someone else in to rectify this and pursue the original trader for these costs. Of course that should be seen as a last resort and you should try and resolve this with them first before opting for this. This is your basic legal position. I have more detailed advice for you in terms of the steps you can take to progress this further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Customer: replied 1 year ago.
Thank you for your reply. Can Hopkins Homes set a deadline when beyond that they can withdraw the offer of £1500. In addition the Sales Assistant has made untruthful statements about the matter. I took the precaution of covert recording on one of the meetings and during this meeting he could give no explanation as to why the worktop was fitted badly and yet a few weeks ago he has stated my partner called into the office and agreed to the worktop "as per the show house". This simply did not happen. This is probably a separate issue but has made us angry and upset.
Expert:  Ben Jones replied 1 year ago.
Yes they can set a deadline, at present it is treated as a goodwill gesture on their part so they can decide to withdraw it whenever they want. The false information is indeed separate matter unless it impacts on what happened at the outset, for example did he knowingly or negligently provide false information to the workmen, which resulted in the wrong top being installed. Anyway, if you want me to I can discuss the options on how to take this further
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.