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Consumer Code for Home Builders Carol Brady Secretariat. Barker Review OFT Market Study An Industry Code by 2010 or……………. Why a Code?. IF YOU ARE SELLING A NEW HOME THEN THE CODE AFFECTS YOU. Second hand homes Homes acquired by registered social landlords Self Build Homes
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Barker Review OFT Market Study An Industry Code by 2010 or……………. Why a Code?
Second hand homes • Homes acquired by registered social landlords • Self Build Homes • Homes built by Architects’ certificates • Homes acquired by Corporate bodies/partnerships for investments. Exceptions
Treat customer fairly: • *clear service information; • * accurate details of the property; • * protect reservation fees & prepayments; • Linked to the Warranty • Compliance is monitored/management Board; • Independent Dispute Resolution Service. Key elements
Pre Contract Information • An explanation of the Home Warranty Cover; • A plan showing the layout, appearance, plot position; • A list of contents; • Advise buyer to seek independent legal advice 6
Pre Contract Information And : • The standards to which it is being built; • The price and how long it is valid; • Details of any management services/ costs and how administered • Health & Safety Guidance; 7
Exchange of Contract • Inform buyers of : • Significant changes to design, size and value; • Agree in writing extra works, items and costs with cancellation and refund rights; • Advise of extra time in building programme as a result of extra work. 8
Completion Dates Certainty should increase as work progresses • Completion of foundation and floor – which quarter; • Completion of roof – which month; • Completion of decoration and installation of services – which week. 9
After –Sales Services • Buyer to be given : • After sales contact; • Details of the after sales service; • Details of warranties and guarantees. 10
Builders’ Obligations • Builder to: • Train staff and agents; • Ensure visibility of the Code; • Provide accurate information; • Operate a complaints procedure; • HCA and Bank requirement. 11
Consumer Redress Stage 1 – The Builder Stage 2 – The Warranty Body Stage 3 – The Independent Dispute Resolution Service Reparation – up to £15K Failure to comply with IDRS findings may lead to expulsion from warranty scheme. 12
Cases : Adjudication Findings • Failure to provide adequate pre-purchase information or misleading purchase prices; • Misrepresentation of property descriptions; • Failing to build to agreed specifications; • Breach of reservation agreement; • Non repayment of reservation fees. 13
Consumer Code forHome Builders www.consumercodeforhomebuilders.com