Given wrong information from real estate agent

Juliettea

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Hi all,

I have a question about the above. Myself and partner booked a new build house about a year ago. We booked at the provision of a brochure with the house types and general floor plans and a price list that was sent to us by email (which had a house number, house type, square metres and the price). Now when the house is close to be finished we started contacting the developer more and it turns out we were given wrong information and in fact the house we booked is a different type of house than what was on the price list. In fact, the house type we booked is not even build in this phase. At the moment all of the houses are booked so we can’t even change a house. We’re stuck with this one which is just different from what we thought we are booking… I know there is no chance we will get the house we initially wanted, but there is anything we could do?

Thanks for any insights into this.
 
I presume you signed a legal agreement when buying the house? Your starting point should be that to see what your contract says.
 
I presume you signed a legal agreement when buying the house? Your starting point should be that to see what your contract says.
No, we are still before signing contracts - we have only booking deposit paid in to ‘secure’ the house for us.
 
What did you get in writing when paying the deposit?

Prior to contracts being exchanged, either side can withdraw from the sale for any reason. There may have been miscommunication or an error from on the estate agent's part, but unless you can prove they were trying to deceive you, you only really have the options of proceeding with purchasing the house on offer or walking away with your deposit.
 
What did you get in writing when paying the deposit?

Prior to contracts being exchanged, either side can withdraw from the sale for any reason. There may have been miscommunication or an error from on the estate agent's part, but unless you can prove they were trying to deceive you, you only really have the options of proceeding with purchasing the house on offer or walking away with your deposit.
I only have a booking deposit confirmation with the house number and estate name on it, really.

That’s what I thought. Someone makes a mistake like that and you can’t even do anything about it .

Thanks for the replies.
 
Read what it says in brochures and in estate agents' ads. "What you read here may be nonsense and we won't stand over it. Believe us at your peril as it's all hype and bluster anyway." Paraphrasing of course. They're like Guvvermint plans, e.g. the NCH plans and costings and what has yet to be delivered.
 
I wonder could you sell on your interest in this or get some benefit. Market value has probably increased? When did you reserve it?
 
I only have a booking deposit confirmation with the house number and estate name on it, really.

That’s what I thought. Someone makes a mistake like that and you can’t even do anything about it .

Thanks for the replies.
Is the house bigger or smaller than you originally thought?
 
Hi all,

I have a question about the above. Myself and partner booked a new build house about a year ago. We booked at the provision of a brochure with the house types and general floor plans and a price list that was sent to us by email (which had a house number, house type, square metres and the price). Now when the house is close to be finished we started contacting the developer more and it turns out we were given wrong information and in fact the house we booked is a different type of house than what was on the price list. In fact, the house type we booked is not even build in this phase. At the moment all of the houses are booked so we can’t even change a house. We’re stuck with this one which is just different from what we thought we are booking… I know there is no chance we will get the house we initially wanted, but there is anything we could do?

Thanks for any insights into this.
You say that the type you initially thought you bought won't be built until next year, would you be willing to wait?

If so, would the developers allow you to transfer the deposit and perhaps sell it to you at the price you initially were going to pay.

I do understand that ye were probably looking forward to moving in and getting on with life.

I'm trying to throw out ideas.
 
No, we are still before signing contracts - we have only booking deposit paid in to ‘secure’ the house for us.

Then you have nothing and should move on.

You could complain the auctioneer to the Property Registration Authority (?) but a fat lot of good that will do you.

Brendan
 
With so many new builds going up in many areas, you may be best waiting if there's a substantial difference in layout and size as the costs of buying and then maybe selling at some point sooner than you would have liked are substantial.

I'd see if it's an area that will see a lot of development that would see another suitable property elsewhere or maybe if time is on your side ask if you can be given an advanced pick from the next phase and get both the house you want and the best location within the development.
 
I wonder could you sell on your interest in this or get some benefit. Market value has probably increased? When did you reserve it?
OP has no legally enforceable interest, having paid a refundable contract.no contract deposit. As others have suggested, get a refund and move on.
 
I wonder could you sell on your interest in this or get some benefit. Market value has probably increased? When did you reserve it?
As far as I know they went up price, recently we were shown very similar house in different estate and it’s 30k more expensive. We booked it almost a year ago now. As of now there is actually no houses available in the area so we have to stick with this one anyway.
 
It’s 10m2 smaller.
So 300sq feet approximately which is a utility room, so it's a fair bit of space.

I'm only suggesting this, but as we know the market is a bit stupid now and trying to get another property would be another job .

If the house that you thought you were getting isn't going to be built until next year its probably going to be more expensive so I would sit down and think about what you have and what you might have and the differences between everything. Also look at the positives as to why you chose the house, location, price, etc.

It's not ideal what has happened to you and I'm no fan of developers but walking away and restarting the search for a home is adding more stress.

This happened to us about 25years ago 1998, and I was furious for a long time, still bought the house and added a few bits , sold it in 2001 for 3 times we paid...

Theres a lot of non financial considerations to take into account and as others have said legally you don't have any recourse, the developer won't care and probably sell it at a higher price.

Again I'm only suggesting this and you need to make the decision.
 
You say that the type you initially thought you bought won't be built until next year, would you be willing to wait?

If so, would the developers allow you to transfer the deposit and perhaps sell it to you at the price you initially were going to pay.

I do understand that ye were probably looking forward to moving in and getting on with life.

I'm trying to throw out ideas.
No, we really can’t wait, we are in a situation where the house we are renting is not secure enough to be waiting and we all know how bad the situation with rents is at the moment, nearly impossible to find anything to rent and on top of it we have pets so there is a big no from any landlords…

Thanks everybody - we are going to go with this house no matter but as @peemac suggested we were thinking of getting a bigger house in 5-7 years anyway so we could just do it sooner.
 
No, we really can’t wait, we are in a situation where the house we are renting is not secure enough to be waiting and we all know how bad the situation with rents is at the moment, nearly impossible to find anything to rent and on top of it we have pets so there is a big no from any landlords…

Thanks everybody - we are going to go with this house no matter but as @peemac suggested we were thinking of getting a bigger house in 5-7 years anyway so we could just do it sooner.
Not an easy decision but ye have a lifetime to find that perfect house , if theres such a thing. Good Luck
 
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