Mi Suk Park, a 54-year-old accountant, has taken legal action against the developers of the luxurious Aykon London One tower in Nine Elms after discovering that the apartment she purchased off-plan for £1.5 million did not match her expectations.
The dispute has centered around a missing bathtub in one of the bathrooms, a smaller-than-expected bedroom, and a utility cupboard that encroaches on the living area.
Park, who paid a £381,000 deposit on the two-bedroom apartment, claims that these discrepancies constitute a breach of contract and is demanding over £700,000 in compensation, including her deposit, rent, and other losses.
The legal battle has captured public attention due to its high stakes and the involvement of a renowned luxury brand. Aykon London One, also known as the “Versace Tower,” is the product of a collaboration between developer Nine Elms Property Ltd and the iconic Italian fashion house Versace, with interiors designed to exude opulence.
However, Park argues that the actual apartment delivered fell short of the promised “ultimate in luxury” experience that was advertised in the marketing materials.
The Dispute Over the Apartment’s Layout
Mi Suk Park’s frustration stems from what she perceives as material deviations from the original floor plan she was shown before making her purchase. According to her legal team, the sales brochure and the attached purchase contract plan indicated that the apartment would have two bathrooms, each equipped with a bathtub.
The open-plan design was another major selling point, as she and her husband had envisioned a spacious living area that would serve as their primary residence until retirement.
When the apartment was finally completed in 2022, two years later than expected, Park was disappointed to find that one of the bathrooms lacked a bathtub.
Read : Model Sues Cannes Film Festival Over Guard Assaulting Her on Red Carpet
The second bedroom was also smaller than anticipated, and a utility cupboard extended into the living space, disrupting the open-plan layout she had expected. Feeling misled, Mi Suk Park refused to complete the purchase and instead initiated legal proceedings to recover her deposit and additional damages.
The Developer’s Defense
Nine Elms Property Ltd, the developer responsible for the project, has countered Mi Suk Park’s claims, asserting that the sales materials she relied on were only meant to serve as illustrations. Their legal representatives argue that the brochures explicitly stated that the layouts shown were “typical” and not exact representations of each apartment.
Furthermore, they maintain that variations in design are common in off-plan purchases and that Park’s refusal to complete the transaction means she has forfeited her deposit.
Rupert Cohen, the lawyer representing the developers, emphasized that the contract terms allowed for some variations in layout and structure. He pointed out that Park had been informed of the general nature of off-plan property purchases and should have been aware that minor alterations were possible.
The company has not only denied her claim but has also launched a counterclaim to affirm the termination of the contract and retain the deposit money.
Legal Proceedings and Implications
The case is currently being heard at the Central London County Court, where Park’s legal team is presenting arguments centered on misrepresentation and breach of contract. Nazar Mohammad, her lawyer, contends that the differences between the advertised apartment and the final product were substantial enough to warrant legal action.
He has cited “irredeemable breaches” of contract, including the absence of a bathtub in the second bathroom, the reduction in the second bedroom’s size, and the impact of the utility cupboard on the living space.
Mi Suk Park has further claimed that she was pressured into selling her previous home in 2019 in preparation for moving into Aykon London One in 2020, only for the project to be delayed until 2022.
She argues that this forced sale resulted in financial losses, as she could have secured a better price had she not been rushing to meet the expected completion date. Her demand for £700,000 includes her £381,000 deposit, £131,000 in rent paid since 2020, £150,000 in losses related to the sale of her previous home, and £45,000 in additional costs.
This case has broader implications for the off-plan property market, particularly regarding the level of accuracy that buyers can expect from promotional materials.
If the court rules in Park’s favor, it may set a precedent for future disputes involving discrepancies between advertised and delivered properties. Developers may face increased scrutiny over their marketing practices, and buyers may be more cautious when investing in off-plan homes.
Aykon London One was marketed as a high-end residential tower featuring interiors designed by Versace, with promises of floor-to-ceiling windows, panoramic views of London, and an unparalleled luxury experience.
Park’s legal team argues that these representations played a crucial role in her decision to invest in the property and that the failure to deliver on these promises constitutes a breach of trust.
As the case unfolds, both parties are presenting their arguments before Judge Alan Johns. Park has maintained that she made a “lifetime decision” based on what she believed were fixed structural elements, while the developers insist that the variations fall within acceptable industry standards.
The outcome of this lawsuit will likely have a lasting impact on off-plan property sales and the accountability of developers in meeting buyers’ expectations.
The court’s decision will determine whether Park is entitled to recover her deposit and additional damages or if the developers’ defense holds merit, allowing them to retain the money and enforce the contract’s terms.
The case serves as a cautionary tale for property buyers and developers alike, highlighting the potential pitfalls of off-plan purchases and the importance of clarity in contractual agreements.