False advertisement???

[NotWhatIWanted]

What is the name of your state?
Virginia

I signed a contract for the purchase of a new construction condo back in November 2005 that is slated for delivery in Sept/Oct 2006. I provided a down payment. Within 10 days I got loan pre-approval and accepted the condo docs. In late Feb 2006, I chose all my options. I provided another downpayment for the cost of the option upgrades. During that same time I was provided a layout of the kitchen. Unfortunately for me, I did not pay attention to the drawing. I initialled the document. The drawing reflects a different layout of the dishwasher relative to the kitchen sink than everything that was previously shown/presented to me, including all the conceptual kitchen layout used in the seller's marketing brochures, website, and working papers. It was only recently during a pre-dry wall walk through did I realize that the dishwasher will not be directly on either side of the sink, but rather approximately 4 feet away around the corner of the cabinet space as reflected on the document I initialed back in Feb and not like all the marketing material.

I did sign a document understanding that this is pre-construction at the time of contract signing; designs and layouts are conceptual and may be changed. However, the document I initialed in Feb 2006 is dated as drawn and accepted in Aug 2005. The seller/builder had already known and decided on a layout of the kitchen back in Aug 2005, but still continued to market the unit with a different layout. There truly was no design change.

Is this false advertisement?
I can default on my loan and get back my intial down payment but I would lose the down payment for the options. Do I have a case to build against them to get out of the contract and recover all of my down payment?What is the name of your state?

 

[divgradcurl]

Is this false advertisement?

No, they gave you the drawing to sign. You had a chance to complain then, before signing off on the drawing.

Now, if the drawing showed something other than what you got, then there might be an issue.

I can default on my loan and get back my intial down payment but I would lose the down payment for the options. Do I have a case to build against them to get out of the contract and recover all of my down payment?

No. But they might have a case against you for breach of contract.

 

[NotWhatIWanted]

How is this not misrepresentation? The builder knew the layout in Aug 2005, and it was never presented to me at the time of purchase in Nov 2005. It was in Feb 2006 when the information was provided to me which by this time I was already contractually obligated to carry through with the purchase (I admit shame on me for not paying close attention then, but it was never pointed out to me about the difference from everything else I had seen prior). This is not an issue of builder reserves the right to make "changes without notification". They knew the original design and never presented this at the time of sale.

Am I wrong?

 

[BelizeBreeze]

How is this not misrepresentation? The builder knew the layout in Aug 2005, and it was never presented to me at the time of purchase in Nov 2005. It was in Feb 2006 when the information was provided to me which by this time I was already contractually obligated to carry through with the purchase (I admit shame on me for not paying close attention then, but it was never pointed out to me about the difference from everything else I had seen prior). This is not an issue of builder reserves the right to make "changes without notification". They knew the original design and never presented this at the time of sale.

Am I wrong?

so, you want to bring an action before the court and ask for relief on the basis that you're not a responsible adult and the court should protect you from yourself?

Good luck.

 

[seniorjudge]

Q: How is this not misrepresentation? The builder knew the layout in Aug 2005, and it was never presented to me at the time of purchase in Nov 2005. It was in Feb 2006 when the information was provided to me which by this time I was already contractually obligated to carry through with the purchase (I admit shame on me for not paying close attention then, but it was never pointed out to me about the difference from everything else I had seen prior). This is not an issue of builder reserves the right to make "changes without notification". They knew the original design and never presented this at the time of sale.

Am I wrong?

**********

What is the name of your state?
Virginia

I signed a contract for the purchase of a new construction condo back in November 2005 that is slated for delivery in Sept/Oct 2006. I provided a down payment. Within 10 days I got loan pre-approval and accepted the condo docs. In late Feb 2006, I chose all my options. I provided another downpayment for the cost of the option upgrades. During that same time I was provided a layout of the kitchen. A: Unfortunately for me, I did not pay attention to the drawing. I initialled the document. The drawing reflects a different layout of the dishwasher relative to the kitchen sink than everything that was previously shown/presented to me, including all the conceptual kitchen layout used in the seller's marketing brochures, website, and working papers. It was only recently during a pre-dry wall walk through did I realize that the dishwasher will not be directly on either side of the sink, but rather approximately 4 feet away around the corner of the cabinet space as reflected on the document I initialed back in Feb and not like all the marketing material.

I did sign a document understanding that this is pre-construction at the time of contract signing; designs and layouts are conceptual and may be changed. However, the document I initialed in Feb 2006 is dated as drawn and accepted in Aug 2005. The seller/builder had already known and decided on a layout of the kitchen back in Aug 2005, but still continued to market the unit with a different layout. There truly was no design change.

Is this false advertisement?
I can default on my loan and get back my intial down payment but I would lose the down payment for the options. Do I have a case to build against them to get out of the contract and recover all of my down payment?What is the name of your state?