Dispute: Garden turf

The home buyer’s complaint

The buyer stated they were told prior to purchase that the condition of the turf in their garden would be covered by their warranty if it did not improve after they had purchased the property. The garden remained soggy and unusable, but the builder had been unwilling to take action.

The buyer requested a repair of the garden or £1,500 for the cost of doing this and £500 for inconvenience.

The buyer also stated that the front door was defective and requested it be repaired as soon as possible together with a contribution of £350 towards their heating costs.

The builder’s defence

The builder claimed it was not liable and denied that the sales representative would have promised that the turf would be repaired, pointing out that it was not in any event required to provide turf.

The builder had investigated the complaint and explained the position to the buyer. No settlement offer had been made.

Findings

The adjudicator found it unlikely that any promise about the application of the warranty was made at the pre-contractual meeting. The record of the meeting showed that the garden had been constructed and had been seen by the buyer.

The adjudicator found that on receipt of the buyer’s complaint, the builder sent a landscaper to inspect and the buyer was informed that the matter was not covered under the warranty. The reference to “resolution” under the Code does not mean that the builder must do what the buyer wants, but that it must reach an informed decision within a reasonable time and communicate this to the buyer.

Learning Points

For buyers:

• Keep notes of all conversations and meetings with your builder/agent and ask them for written confirmation of any promises or clarifications made, particularly in relation to additional matters that are not covered by the sales contract or reservation agreement.

For builders:

• Record keeping is key. It’s a good idea to share your meeting notes with your buyer so that any misunderstandings can be quickly highlighted and resolved.
• Listening and responding to complaints, including carrying out investigations, is a key requirement of the Code. Even if you do not believe you are at fault, you should follow your complaints procedure and be ready to take remedial action should a fault be found.
• Remember that the Code covers the home and including its gardens, boundary, fencing, communal areas and curtilage, so it’s important to ensure information about these areas is clear and meets Code requirements.

Adjudication 117211237