Dispute: Pre-purchase information and garden gradient

The home buyer’s complaint

The buyer claimed the builder had breached Section 2.1 of the Fourth Edition of the Code because they had not been informed at any stage during the sales process that the garden would not be level, and had they been aware of the gradient, they may not have proceeded with the purchase.

The builder’s defence

The builder submitted that they had provided the buyer with drawings for the property using datum markers to indicate the levels at various reference points around the property, clearly showing a difference in levels.  The buyer had proceeded to exchange contracts following receipt of the drawings.

Independent adjudicator’s findings

The adjudicator found that the evidence supported the builder’s position that the external works drawing showing the slope with measurements was disclosed to the buyer before the exchange of contracts and before legal completion and that the builder had not tried to hide the fact of the gradient from the buyer or refused to respond to the buyer’s enquiries.

The external works drawing showed the slope/gradient around the property with the use of points, arrows and measurements and the adjudicator considered that the gradient of the front and rear gardens was shown reasonably clearly on the drawing.

Learning points

For buyers:

• Understanding exactly what you are buying is particularly important when buying off plan.  Sales brochures are often generic and may not provide an exact representation of your new home.
• Take the time to read all information provided and ask your sales agent and/or legal adviser to clarify any aspects that are unclear, to help prevent any unpleasant surprises.
• Ask for information and responses to queries in writing to avoid misunderstandings later in the process.

For builders:

• Your buyers may not fully understand all the plans and documents you provide and it is good practice to point out anything that may be misunderstood.
• For many people, buying a new home may be their first purchase and taking steps to ensure they fully understand all aspects of their home indicates great customer service.
• Remember, the Code requires you to consider the additional needs of buyers who may be vulnerable which includes those who may be purchasing a home for the first time.