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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 11261
Experience:  I have been practising for 30 years.
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I have recently bought two new build properties from a well

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I have recently bought two new build properties from a well known developer. The properties damage to internal wall and window. They have not installed the breakfast bars I have paid for, even engineering bricks used are seconds. They are refusing to install the breakfast bars, replace the damaged window and replace the internal wall. They are offering repairs and cover ups instead of giving me the new products I have paid for. Is this legal and what can I do?

Hello for clarification - who is the builder?

did you have the chance to inspect the houses before you moved in?

have you evidence that you paid for the breakfast bars?

anything in writing to prove your spec?

F E Smith and 3 other Law Specialists are ready to help you
Customer: replied 6 months ago.
The builder is Persimmon. My wife was given the keys after a demonstration from the site agent. The breakfast bars are standard and in with the price of the house. they claim we instructed them that we did not want them, we have not recieved any correspondance to substantiate there claim.we were advised by sales not to have them as the room looks better without. After consideration we reiterated that we did want them, thia was before the walls had been boarded and before the kitchens had been installed. We were allowed to view the property but never recieved advice to inspect the properties until reciept of the keys and after they had taken our money.. We were then told to snag the houses over seven days and give them a snagging list. We have recieved very little from them in relation to specification only online Persimmon pledge and quality assurance. I have raised this with them and forwarded a spread sheet listing all defects. I have requested replacement window and wall advising that I have paid for new and do not want repairs which conceal the defects. The spreadsheet has several other defects on it, they have acknowledged reciept of it but still insist on bodge repairs as opposed to a new product which they have taken money for. They have offered verbally to pay £250 per property for the breakfast bar issue which I have turned down. This implicates that they are in the wrong. They are resisting all requests and even the consumer care director refuses to take me seriously during a telephone conversation when he advised me that he is reserving judgement on my claims.

I tried to telephone as requested but there was no answer. When is it convenient to speak?

Customer: replied 6 months ago.
I am available to take your call please ring me on***********

www.moneyclaim.gov.uk

Under the Consumer Rights Act 2015, goods (the house) has to be of Satisfactory quality and Fit for purpose. They also have to be as described (includes breakfast bar?). On the common-law basis of Contract, they have to supply what you have purchased (the breakfast bar)

There is an overlap between the two sometimes.

It’s a house, it looks like a house, you can live in it and it keeps the rain off you. It is fit for purpose.

The house would not be fit for purpose if you wanted to keep chickens in it or use it as a factory.

The plaster may be cracked and the doors and windows may be damaged but it is still fit for purpose but not of satisfactory quality.

If you have been supplied something which is second-hand, it is not of satisfactory quality and it is not as described.