can one sue the nhbc?

primalformm

New Member
Sep 26, 2009
1
0
0
Hi
we exchanged on a property May 07. The developer went into admin Dec 09, house barely started. Developer had NHBC policy. NHBC now say no need to return deposit as the site will be sold on and our house completed. However, turns out the plans we exchanged on were not the plans which had Planning Permission, which has now lapsed...So, can the NHBC be sued to return a deposit? They're meant to protect deposits esp re insolvency and fraud...
Welcome any views / relevant experience....
rgds
 

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
38
Bolton
Hi and welcome,

It depends what it says in your contract. I guess there are lots of potentially unfair clauses such as the ability to change specification and plans as they see fit and to take forever.

Here is an example:
The Office of Fair Trading: Barratt Homes

The fact that the terms could be unfair doesn't directly affect you as it would be for the OFT or Trading Standards to take action.