Garden Size Not What it was on Brochure

Hi Guys,

I am in the process of purchasing a house, which is 95% complete I went down to look at it the other day and the rear garden is about 1/3 the size of what's on the brochure.

The builder is giving me the run around and says it was built to the plans but that was not reflected on the property brochure I recieved, Is there anything that I can do ?

P.S. I never recieved a site plan,they flagged all the extra large sites and charged extra but never indicated to me when purchasing that this was going to be a lot lot smaller.

Thanks,
John Doe.

"The particulars in this brochure do not form part of any contract, express or implied. The developer reserves the right to alter dimensions, specifications and designs without notice." Buyer beware I'm afraid, unless the site boundaries were altered after you had inspected the house and site on the ground, so to speak.

The small print in the brochure almost certainly eliminates any legal liability on their part. Have you discussed this with your solicitor?

yeah he has the site pland and says it's the garden on it is no smaller than the one next door and has comunicated this to the builders solicitor but they have just came back again and said built to plans !

When you were presented with contracts for signing the pack would include a site plan? Did you not see this? A quick check with a scale rule and a tape measure on site will clarify where discrepancies lie.

johndoe64 said:

yeah he has the site pland and says it's the garden on it is no smaller than the one next door and has comunicated this to the builders solicitor but they have just came back again and said built to plans !

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So what does YOUR solicitor have to say on the subject?

He says that their isn't a lot I can do, that if I try to drag it on they will penalise me with interest payments !

The builder also said that the site plan is only an illustration and can be subject to change, surely this is rubbish otherwise they'd have to reapply for planning ! wouldn't they !