Outcome: Complaint upheld in part

The Issues

The customer’s home demonstration visit took place on the same day the purchase was completed and the customer wished the developer to address the issues identified before they moved into the property.  The customer subsequently filed a new home after sales complaint in that the issues had not been addressed in a timely manner and that this had caused them to remain in rented accommodation, paying for two properties simultaneously.

The Circumstances

In response to the customer's new home after sales complaint, the developer accepted that there were a number of issues which needed to be addressed, particularly in relation to the flooring, and described the action they had taken to address the customer’s concerns.  This included replacing some items and redecoration.  They acknowledged that the redecoration had resulted in some minor paint spots on the customer’s furniture and had offered to have the items professionally cleaned. The developer considered that the issues identified by the customer had been relatively minor and would not have prevented the customer from moving into the property at completion.

The Ombudsman’s Decision

The Ombudsman concluded that the developer was responsive to the new home after sales complaint raised by the customer and that any delays were the result of offering to replace items, where replacement was arguably not necessary. The action proposed in relation to the paint damage was proportionate and overall the evidence indicated that the property was complete at the point of legal completion and that after sales service levels met the requirements of the code.  The complaint was not upheld.