do I have a leg to stand on?

[ggathy]

What is the name of your state? Ohio: City of Cleveland. Hi, we're having a home built in a large new-home developement. When we were first looking at lots, we were interested in a unique pie-shaped lot that was considered "premium." My main concern at the time was that the driveway looked short on the scale overview of the development (in the sales office). The agent assured us then (and several times after) that, though the driveway would be short, we'd be able to fit two cars on it, no problem. Our final decision to proceed with that lot was was due, largely, to the agent's assurances. We paid an additional $1500 for the lot. Now that the foundation is in, it's obvious that the driveway will not fit two cars at all. Due to the position of the house, the length of the driveway will be 19ft. on the left reducing to 12ft. on the right. The width is about 18ft. We'll be hard-pressed to fit one car on the driveway without it sticking out into the street. This issue may effect resale value and who actually considers buying the home (ie: a 3 or 4 car family), as well as inconvenience us while we're living there. As a representative of the builder, the agent unintentially misrepresented the facts. Isn't the builder ultimately responsible for his actions? We'd like to be compensated somehow. Do we have a leg to stand on or are we out of luck? Thanks in advance. -Greg

 

[HomeGuru]

What is the name of your state? Ohio: City of Cleveland. Hi, we're having a home built in a large new-home developement. When we were first looking at lots, we were interested in a unique pie-shaped lot that was considered "premium." My main concern at the time was that the driveway looked short on the scale overview of the development (in the sales office). The agent assured us then (and several times after) that, though the driveway would be short, we'd be able to fit two cars on it, no problem. Our final decision to proceed with that lot was was due, largely, to the agent's assurances. We paid an additional $1500 for the lot. Now that the foundation is in, it's obvious that the driveway will not fit two cars at all. Due to the position of the house, the length of the driveway will be 19ft. on the left reducing to 12ft. on the right. The width is about 18ft. We'll be hard-pressed to fit one car on the driveway without it sticking out into the street. This issue may effect resale value and who actually considers buying the home (ie: a 3 or 4 car family), as well as inconvenience us while we're living there. As a representative of the builder, the agent unintentially misrepresented the facts. Isn't the builder ultimately responsible for his actions? We'd like to be compensated somehow. Do we have a leg to stand on or are we out of luck? Thanks in advance. -Greg

**A: you first need to have a real estate attorney review your contract.

 

[JETX]

You're out of luck. Any verbal statements made by the builder or agent are NOT valid.

 

[HomeGuru]

What is the name of your state? Ohio: City of Cleveland.

Now that the foundation is in, it's obvious that the driveway will not fit two cars at all. Due to the position of the house, the length of the driveway will be 19ft. on the left reducing to 12ft. on the right. The width is about 18ft. We'll be hard-pressed to fit one car on the driveway without it sticking out into the street.

**A: 2 Mini-Coopers could fit.

 

[ggathy]

there is wording in our contract that makes me think JETX is right. But there is also a provision for arbitrating disputes. Don't know if it's worth the effort. Cooper's come in at 11ft. 9in., so I guess I'll just have to buy one! I'm in the car biz, and we've got to be very careful of how we word things to avoid an implied warranty. I thought there might be similar laws in regard to verbal contracts. I'm still waiting for final word from the builder. I'll let you know how it pans out either way. Who knows, they might throw us a bone.

 

[HomeGuru]

Read up on the Ohio statute of frauds.

 

[ggathy]

If I have any shot it would be with a promissory estoppel claim. I reasonably relied on an oral contract to my detriment. "Detriment" could be defined as the resale value of the home, the limited type of buyer (a three or four car family would pass on it automatically) and an inability to park in my own driveway. thoughts?

 

[HomeGuru]

If I have any shot it would be with a promissory estoppel claim. I reasonably relied on an oral contract to my detriment. "Detriment" could be defined as the resale value of the home, the limited type of buyer (a three or four car family would pass on it automatically) and an inability to park in my own driveway. thoughts?

**A: My thought is that you did not do as I advised.

 

[ggathy]

The Power of the Press! -An Update

Left with little hope from a legal standpoint, I took my fight to the press, contacting the Consumer's Advocate at a local television station. The advocate sent a letter to the builder who, in turn, sent me a letter offering to refund the $1500 lot premium as a way resolve the situation.

The builder has another 150 home project in the works.

In the end, it was easier and less costly for the builder to make the offer and put this thing to rest rather than face the potential negative publicity the story would've unfolded.

Justice served. Score one for the little guy.

 

[HomeGuru]

Ok, buy another lot.