Dispute: After-sales service

The buyer’s claim

The buyer claimed that the builder breached sections 4.1 and 5.1 of the Code, alleging the builder lied about the cause of an issue with the bathroom sink, tried to charge him for a visit and took weeks to fix the defect.

The buyer requested an apology and explanation, and for the builder to change its practices, provide details of current defects and plans to resolve them as well as £500 in compensation for inconvenience.

The builder’s defence

The builder stated that it had provided the buyer with details of its complaints process, had investigated and resolved reported defects, and tried to reassure the buyer that a charge would only be made if the reported issue was not a defect.

The adjudicator’s findings

The adjudicator found that when the buyer reported the snagging issue with the sink, the builder investigated and took steps to resolve the issue. The adjudicator acknowledged that a number of visits were necessary to confirm the underlying cause, but that the builder responded to the buyer’s complaints within a reasonable time and fully resolved the issue in a timely manner.

The adjudicator was further satisfied that when the buyer queried a potential charge, reasonable steps were taken to reassure him that the charge only related to situations where an issue was not a defect, and that that was not the case in this situation. When the buyer later raised complaints about the mention of a charge, the builder followed its complaints process and responded in a reasonable and timely manner.

Learning points

For buyers:

• The Code requires your builder to have an accessible after-sales process in place for handling queries after completion including snagging as well as procedures for dealing with complaints. You can read the Code requirements here.
• Keeping written records of discussions with your builder, and requesting information from your builder in writing, can help avoid misunderstandings or flag any potential areas of confusion which can then be addressed.

For builders:

• Having procedures in place, providing full details to your buyers and then following the process are all requirements set by the Code and will help you provide good customer service. The Code Scheme with Builder Guidance provides more details on what to include.
• It’s important that you can demonstrate how your procedures have been followed in practice. Take a look at our guide to effective complaint handling for a comprehensive look at fulfilling the Code requirements on dealing with complaints.

Adjudication: HOME007090