"Verbal" agreement

[jenabl01]

I just bought a brand new home in CA. When I signed the purchase contract I was verbally told about a media wiring 'upgrade'. I agreed to the upgrade, my purchase contract was updated, but I never received any documents detailing what was included in the upgrade. After moving into the home, I found that the upgrade did not include all the features I was verbally told about. When I inquired about this, I was sent a document stating the upgrade I paid for was a standard feature and that satellite (the feature I was told would be included in the upgrade) was an upgrade. I then inquired why did I have to pay extra for a standard feature and was told it was an upgrade when I signed, but was made standard afterwards. The documents stating the media wiring is a standard feature are dated prior to when I signed, as do the brochures for the house. I've tried talking to the realtor that sold us the upgrade and he denies ever mentioning satellite would be included. He has become hostile and I'm afraid of him. Do I have any legal rights to request a refund of what I paid for the upgrade? When I bought my house before this one, I was given detailed descriptions of all upgrades and had to sign documents declining/accepting them. Is that supposed to be standard for new homes, or was that something the last developement did on their own?

Thanks for any help you can give me.

 

[HomeGuru]

Whatever you have in writing stands. If not in writing, you have no claim.

 

[jenabl01]

Thank you for your response. What about Section 11022. (a) under False Subdivision Advertising from the Business and Professions Code of the California Department of Real Estate. I was given a brochure at the time of signing stating this feature is standard. I was recently sent another document detailing this feature and again stating this as standard. These documents were and are used for advertising purposes for this subdivision and contain a statement that is false and misleading in my case because I had to pay extra for this feature.

Thanks in advance for your help.

 

[HomeGuru]

Ok, you have a claim based on this new evidence.

 

[jenabl01]

Thank you HomeGuru. You have been very helpful. I'm trying to settle this without going to small claims court. I will post my outcome here. Even if this doesn't turn out in my favor, it's nice to know that someone other than myself thinks I have a claim, too. I may go ahead and contact a lawyer for a consultation. Thanks again.

 

[HomeGuru]

Good luck to you and keep us posted. Check out www.ftc.gov and file a complaint with them.