Hidden Exclusion Clauses

When you buy a new build home, you will in most instances enter into a contract with the builder on the builder's standard Plot Sale Contract.

 

Many standard Plot Sale Contracts contain exclusion clauses that can severely limit the types of claims you can bring against the builder if you are unhappy with what you have been sold or how your home has been built.

 

These clauses are not labelled as such and they commonly operate in ways that are so subtle that it may not be apparent even to very experienced conveyancing solicitors that they are exclusion clauses at all.  Many homebuyers are therefore unlikely to have been advised properly or at all on the real meaning and effect of such clauses before signing the contract.

 

These clauses can operate in profoundly unfair ways, including:

  • Homebuyers being required to pay for extras but the builder having no obligation to actually provide the things paid for;
  • Builders setting out contractual obligations in the Plot Sale Contract that they will build in accordance with planning permissions, specifications, Building Regulations etc. on the one hand but discreetly excluding liability for doing so on the other.

Such clauses are most likely unlawful but their existence means homebuyers are forced to incur the cost and risk of challenging the legality of such clauses before they can even take their legitimate claim forward.  Predictably, that has a chilling effect on whether homebuyers will take any legal action at all, depriving many homebuyers of any remedy for their legitimate claims.

 

We are campaigning to put an end to builders relying on these grossly unfair clauses as a means of depriving homebuyers of a remedy for legitimate claims.

 

How you can help

 

It would help our campaign for buyers of new build homes in England and Wales to send us copies of their Plot Sale Contracts.  We can then build a more complete picture of how many builders are using hidden or unfair exclusion clauses, and how many homebuyers are affected by them.  This in turn will help us to make evidence-based representations to courts, politicians and others who are in a position to influence policy and help to put an end to this practice.

 

If you wish to, please send us a copy of your Plot Sale Contract by email to hello@wingrovelaw.co.uk.  You do not need to include personal details, we just need to know the name of the builder, when the Plot Sale Contract was issued to you and what the standard terms are.

 

Thank you for your help.

Contact us

T: 01904 799400

M: 07711 893943

E: hello@wingrovelaw.co.uk

A: Wingrove House, Beech Avenue, Holgate, York, YO24 4JJ

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