breach of contract in purchase agreement

[markatronic]

What is the name of your state? - Utah

I purchased a home in 2005 and in the purchase agreement the seller (who built the home and developed the subdivision) indicated that curb and gutter would be installed in the subdivision. There was simply a checkbox by the 'curb and gutter' option in the contract and it was checked indicating that it would be installed. it has not been installed and after a couple faxes/emails, and then a phone conversation, the contractor/seller told me that it was a mistake in the contract and that it was his realtor's fault since he (the realtor) is the one who makes up the contracts, and that there never was going to be any curb and gutter (how was i supposed to know this since it was in the contract?) This notwithstanding, my contract says that curb and gutter will be installed, AND curb and gutter is drawn on the house plans the (the contractor/seller) provided me prior to signing the contract. so the contract says curb and gutter will be installed, my house plans show curb and gutter, what was i to expect but to have curb an gutter?

so i want to know if the contract is enforceable (i.e., can i sue him since he has no intentions to install curb and gutter - something he told me in our phone conversation?)

is this the type of thing that should be fairly cut and dry (relatively speaking, at least)?

do i take care of this in small claims court?

Also, there are 9 other people in my subdivision, one of which also has the 'curb and gutter' option checked in her contract (i haven't checked other neighbors' contracts yet, though they all assure me that they were told by the contractor that there would be curb and gutter). does this need to be a class action suit?

thanks in advance for your help.

 

[FlyingRon]

Well, whether you can pursue it in small claims court depends on how much it would cost to install the curb and gutter and what the small claims limit is in your jurisdiction.

However, I suspect that a curb and gutter in front of your house would not be as desirable as having it installed all along the street. Yes, I would inquire with your neighbors and file a joint suit (not really a class, identified plaintiffs).

The real issue to analyze is the solvency of the developer. If they are a fairly substantial company (which was probably unlikely to screw up like this to begin with), then you can probably win damages to pay for the gutters. If the guy is a small player his company may just fold up when faced with the suit. Then you have to figure out if there is any way to proceed against the developer personally (and if he has anything to attach).