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Turnkey package dispute


aaronmcl
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We purchased a property in the ROI in Dec 06. It has recently come to our attention, in the form of a fax, that we should have had a washing machine and tumble dryer included in our turnkey package.

 

The document in question was faxed from the builders office to their estate agents and in turn handed to us by the builders estate agents.

 

I believe i have a case of misrepresentation against the estate agents, who were acting on behalf of the builder, but would like some clarification as to my legal standing on this matter.

 

Ive spoken with my solicitor who advised me that the particulars of the turn key package werent mentioned in any contracts of sale we signed.

 

Therefore the only documentation on what particulars we were entitled to are detailed in this fax.

 

Could anyone advise on this please?

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I suspect that

 

a) you are probably expecting too much too soon. This site is reliant on volunteers to provide advice and information. You may need to leave longer than overnight to get a response - especially in view of (b)

 

b) your query will relate to ROI law, not English law. This makes the query a little esoteric for anyone here and it is probable that there are very few people au fait with ROI law who visit here

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However if the goods listed were provided as part of the house package, their non-appearance in your property could be because a number of things, shortage of stock, stolen etc. They would not normally appear in an inventory of the property, so you shouldn't worry about that.

 

I'd pursue the Estate Agency, let them know you do not have these missing items, and ask them to resolve the issue. I'm assuming this is for a new property and purchased through the builder's agent, and not through an auctioneer?

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There non-appearance in the property is because the builder says they werent part of the turnkey package - contradicting the information in the fax that he sent to his estate agents.

 

This is a new property purchased through the builders agent.

 

Ive contacted both the builder and their agents, but they both seem to be passing the buck to each other. I have a feeling they know fine well someones made a booboo, theyre probably just hoping we go away!

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Have you any sales material that mention what will be provided as part of the package? If so, your decision to purchase would have been made based on this (as a new-build). Eire does have a small claim track, (from memory it was www.irishcourts.ie) so it may be useful to pursue the sales agent, showing the TK package and demanding they sort it our with the builders. If not, you will purchase the items from DID Electrical (or similar) and send them the bill. If it's not paid, you sue the builders - if that is who sent the fax.

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I have a fax that was handed to me by the builders agent detailing all items included in turnkey. This document was faxed from the builders office to their agent.

I have spoken with my solicitor who advised me it was the agent who i would claim against for misrepresentation, as it was them who gave me the document.

 

Thanks for the advice

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