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Legal question regarding preconstruxtion and upgrades

Discussion in 'Public Forums' started by RELover, Oct 26, 2017.

  1. RELover
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    RELover Member REIN Member

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    I have an urgent legal question regarding a property I bought in preconstruction directly from a builder in Ontario. It's a detached home.

    We selected our colours and interior decor upgrades and signed the papers (amendment) around 4:30 pm on Oct. 24, 2017.

    We requested an upgraded hardwood in the upper hallway, which we got charged for in amendment to the purchase price document.

    When I went home, I decided I do not want this upgrade and decided to see if they would make the change. I requested the change in am email the same day. But they declined to make the change. Our standard is laminate upstairs for free.

    Today I noticed, in our contract the page that lists the colours, actually lists laminate. That is exactly what I want now and do not want to opt
    for the upgrade. But we have been charged already for the hardwood.

    Also,
    I'm not sure if they must provide us a signed contract for it to be legally binding. I understand that they can sign it at their office later but not sure if legally they have to provide it to us before leaving their office.

    Based on this, can I ask them to take out the hardwood upgrade?
    What would be the best way to get them to get me out of the upgrade o signed for, if I can.

    Also, if this contract is not legally binding, can I ask for any other changes if I want to?

    Thanks for your time and help.


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  2. Matt Crowley
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    Matt Crowley Well-Known Member Registered

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    Don't come out with a big stick too early. Call up the sales person / developer and work through the misunderstanding in person and clean up the paperwork. As long as neither party is trying to screw over the other, there is no reason calm minds cannot work through this minor issue. Don't involve lawyers.
     
  3. RELover
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    RELover Member REIN Member

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    It's actually not a misunderstanding. I wanted the hardware upstairs. But when I got home, I decided it was a hasty decision and called them to get the free laminate included. But they were quite rude and said no. No change.

    I wouldn't involve lawyers but I would like to use legal terminology to get them to make the change I want due to the mistake l.


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  4. Matt Crowley
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    Matt Crowley Well-Known Member Registered

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    Okay, well see if you have 24 hours to terminate the contract and do that unless they agree to make the change.
     
  5. RELover
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    RELover Member REIN Member

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    After so much back and forth as she called me herself about another issue, she finally agreed to delete it!


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