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Shown around the wrong flat - my rights?

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  • Shown around the wrong flat - my rights?


    I'm in the process of buying a 60% shared ownership on a flat in a new build development. I've paid a reservation fee, plus a fee for surveys to a solicitor, plus a setup fee to a mortgage lender.

    I just had some papers through today from the solicitor, and the floor plan they have sent through is NOT of the flat I was shown. It's clear from looking at the plans that I was shown the flat next to it, which is almost twice the size.

    When I was shown around it, due to the stairwell being incomplete and the agent being busy, we were taken up to look by a builder who was on site. So the agent (I hope) genuinely might not be aware of the mistake (I am going to call tomorrow to get to the bottom of it).

    Obviously this is very annoying - the flat I was shown was much bigger, not to mention the fact I've put all this time, effort and money into securing a flat I've apparently not even seen - while believing that I had. I was told that I was looking at "the last flat available" as well, so doubtful I can get the one I actually saw.

    I'm going to have to call them, but I'm at a loss as to what I can do or demand. What are my rights here? I suspect I have to "take it or leave it" and while they will apologise, they won't be obliged to right the wrong they made. If I back out now will I get any of my money back, considering they misrepresented the flat to me? That has to breach any contracts surely?

    I've looked online but can't find any case similar to this. Surely they've mis-sold this flat?