original cost of new build (one only) £200,000, £15,000 deposit paid, house now nearly complete, kitchen and bathrooms ready to be delivered and fitted,then builder ups price by £75,000 - (i was prepared for a 20% increase as this seems to be the norm) is this legal, is there anything i can do - any advice greatly appreciated - many thanks
2007-07-03 04:19:25 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Surely this contract was a standard JCT contract?
If this dispute were to go before a court, the issues would be as follows:
1. Was there an agreement?
2. Was in in writing and/or oral?
3. Was it fixed or variable price contract?
[if fixed, then there's no further argument]
4. If the price could be varied, on was agreed basis or formula could the price be increased?
5. Has that agreed basis or formula arisen?
6. if yes, what is the permitted/agreed price increase taking into account the formula?
A price increase of over 35% is very substantial and unless agreed in advance, i can't see how it could be justified.
There is no 'norm' of 20% that I have ever come across and I've been involvrd in many building disputes.
The earlier answers have suggested you get yourself a lawyer, and quick - I couldn't agree more.
We're talking serious additional quantities of cash here and it may not be the last demand the builder makes. You need some legal advice and pretty quickly.
Good luck!
2007-07-03 05:04:11 · answer #1 · answered by JZD 7 · 0⤊ 0⤋
I pressuming that you don't have a contract stating the original house price because if you did he would not be able to do this.
If you do not have a contract with the orginal price on it, then yes it is perfectly legal
You will need to see a solicitor but basically it will come down to your word againest his if there is nothing show what price you have originally agreed on.
It seems to me that he may be taking you for a ride because even the 20% increase is unusal not the norm - if you buy off plan, as you have, then any extras such as special kitchen fittings, etc are all agreed in advance so all parties know exactly know where they stand and you don't get 'surprises'.
If you've given this man such a large amount ofcash you should see a solicitor about getting it back
2007-07-03 04:54:03 · answer #2 · answered by ? 4 · 0⤊ 0⤋
Did you sign a contract with all the legal possibilities enclosed - stating a price for the property etc etc etc - If you did then you have a leg to stand on - if not - you've been scammed and probably can't cancel without losing your deposit (or a large part of it)
2007-07-03 04:25:00 · answer #3 · answered by jamand 7 · 0⤊ 1⤋
Take the matter to court. Get some adverse publicity for this scammer and shame him.
Inform newspapers etc of a pending court case and let him know you will publicise his methods as far and as wide as you can and spoil him from getting other work.
If he is in the wrong, he will back down, or come to a new agreement.
Personally, I think he`s trying it on and will not welcome the fact that you will not be so easily cheated.
2007-07-03 05:15:39 · answer #4 · answered by Montgomery B 4 · 0⤊ 0⤋
Hopefully you have a contract with the builder, showing specs, costs, payment schedule, materials, plans, insurance, and all that. Look at that first - it should spell out the final cost. If it doesn't, you need a lawyer/barrister.
If you have no contract, then you REALLY need a lawyer or barrister.
2007-07-03 04:25:49 · answer #5 · answered by Ralfcoder 7 · 2⤊ 1⤋
You mean you didn't get the final price in written contract form when you paid the deposit...?
2007-07-03 04:22:37 · answer #6 · answered by ? 7 · 0⤊ 1⤋
Look at the small print in the contract and ask him to justify it.
2007-07-03 05:34:57 · answer #7 · answered by brainstorm 7 · 0⤊ 0⤋