Posted by Jimmy on November 07, 2005 at 11:39:07:
retribution is the wrong word. you have discovered the problem before closing. no harm and no foul. this is an easily fixable issue:
kill the deal, start over. get your deposit/option fee/earnest money back. make an offer on another unit. or move on to another property.
get a concession on the price in a way that fairly adjusts the price. do this deal.
don’t make a big deal out of a little deal.
Condo Advertised one way, built another… - Posted by Scott
Posted by Scott on November 06, 2005 at 20:34:08:
Condo advertised in banners and brochures that all condos have tub and seperate shower. ALL units have this, except mine. Units above and below model have same layout. Nothing was ever mentioned that it would be different. There is a clause in the contract stating that the seller can deviate from plans as it sees fit. I found this out today, close at the end of the month. What are my options?? Thanks.
Re: Condo Advertised one way, built another… - Posted by Natalie-VA
Posted by Natalie-VA on November 08, 2005 at 07:32:10:
Scott,
I can’t help you with your legal advice, but as a RE Broker, don’t buy the only unit without a separate tub and shower. You may have a problem selling later. This is a feature that people expect to have these days.
–Natalie
Re: Condo Advertised one way, built another… - Posted by River City
Posted by River City on November 08, 2005 at 06:08:36:
I am not an attorney, however, I do not believe that the clause in the contract regarding deviations would include omitting something of this much importance. It seems it would include making a room a few inches smaller or moving a light fixture, or placing the air handler in a different place, etc, but not leaving out parts of a bathroom. If the builder leaves out parts of a bathroom, it seems like the builder would have to resubmit the plans to the authorities for reapproval. The home must be built substantially according to the plans.
I agree with Jimmy. Find another unit that fits your needs.
Re: Condo Advertised one way, built another… - Posted by Jimmy
Posted by Jimmy on November 07, 2005 at 06:31:12:
first of all–a question. Are you buying this unit from the developer, or from a private owner? Who made the representations about tubs and showers? If the condo association makes these reps, but your seller did not, don’t be angry with your seller.
2 You might try to get them to return your option fee, based on a theory of misrepresentation. same goes for your earnest money. but once again, who made the representations?
counter-offer them a smaller price.
find another unit with the features you want.
move on
Re: Condo Advertised one way, built another… - Posted by Scott
Posted by Scott on November 08, 2005 at 07:43:00:
Thanks for all of the advice. I do not have, nor have I had, actuall plans for this particular unit. I just have the brochures and typical plans for the units. I have the same unit as the 3 people straigt above me. I also think that the deviations pertain to smaller items as well. I am an architect and understand things happen in the field. I just wanted to know what my options are if I do choose to buy it. I am in a relatively expensive market and this is one of the few units that I can afford comfortably, without stretching myself. It is a hard decision, I will let you know what my attorney says once I hear back. Thanks again for all of the comments.
Re: Condo Advertised one way, built another… - Posted by Scott
Posted by Scott on November 07, 2005 at 11:02:23:
Well, we are buying it from a developer. The representations were made by the seller/real estate agent. Huge banner on the building and individual brochures claiming it as well. Verbal assurance was made by 2 different agents, but that means nothing unless in writing…I have not yet heard back from my lawyer, but just looking to get consensus on our options…
We want the unit regardless, but feel slighted and would like some kind of retribution for it.