Post # 1
DH and I bought our first house in June. It wasn’t built yet – it is part of a town house complex that is being built right now, but they had show homes that we went and looked through. There were three different models and we fell in love with the 2 bedroom and a den, so after much thought we went in and signed all the paperwork and paid the first deposit. We signed a contract stating all of the upgrades and colour schemes we wanted. We got to choose things like dark or light hardwood, what colour the walls would be, and most importantly, the exterior colour scheme. We picked a scheme with a red door and white washed front shingles, matching a light grey siding. We fell in love with how it looked, and it was honestly a huge factor for me. Well, we got a call from the builders yesterday. Apparently there were “complaints” about the look of the white-washed shingles (I think they were gorgeous), so they went ahead and changed it to a dull grey. They didn’t call us until AFTER these had already been put up on the house. And to top it off, our house is Phase 2 of the buildings, all of the houses in Phase 1 were able to keep the white shingles (for those that chose it anyways). So we went down to look at the houses and it is UGLY! The dull grey shingles are slightly off shade from the siding, so it looks like they are supposed to match but someone got the paint colour wrong. I hate it. We talked to the builder but they just keep insisting how they feel this new colour looks so much better, and it increases the re-sale value of the house, blah blah blah. I don’t buy it though … our house is in the middle of the complex, the ones on the street were already built and they have the white shingles. If they were worried about the advertisement and truly believed the grey looks better, they would change the ones on the street. I feel like there was a mistake, or something ,and instead of fixing it they gave us this cheap grey look. Is there anything I can do about this?? DH has called and complained numerous times, but they say that they are within their rights to do this, and won’t even give any further compensation to make up for it. I honestly don’t even want to take a picture of my house now, when I was so excited to show it off before… Here is a photo of the houses, just in a blue/white scheme (ours was supposed to be like this, only the white on the shingles and the siding was a grey).
Post # 3
adnama: Have you read your contract? It will detail if the builder can arbitrarily make changes. If you can’t find any pertinent language, ask the builder to show you the language which he says allows him to do this.
If you are not satisfied, take your contract to a lawyer to review.
Post # 4
Oh no, I’m sorry!! To be honest, I know nothing about contacts except that those who signed the contract are bound by the terms of the contract. I would read through the whole thing and see if there is a clause stating they can make changes without your approval, and make sure your color choices are listed in the contract. If the options are listed and there is no clause, they very well could be in breach of your contract.
Post # 5
Charliejeorge: Thanks, I read it through more closely tonight. It definitely has our options listed, it says in many places the colours we were getting.
Post # 6
I would read your contract very carefully.
Builders can make changes as they see fit and this is usually worded in some way within your contract. If you cannot find anything you can meet with the builder to have them point out the clause that allows them to make changes or have a lawyer review it.
My husband and I have purchased 2 pre-construction condos and in both contracts it states something along the lines of them being allowed to make aesthetic changes as long as they’re in the best interest of the purchaser or to adhere to contruction standards set forth by the city. We had a structural change made in our first condo and we were LIVID but, however pissed off we were it didn’t matter. We signed a contract that gave them the right to make changes AND the change they made was to modify our suite to adhere to city standards about window placement. These are the risks we take when buying homes pre construction.. For a large scale project, issues are going to crop up throughout construction that may result in your end product being slightly different than your floor plan, whether you like it or not.
Post # 7
First of all, I have to say, we’re practically neighbors…I have a brand new condo right down the street and looked your townhouses showsuites this past summer.
Anyway, this is what was included in our contract; “the Seller reserves the right to select substitute materials of equal or better grade, at the Sellers discretion. The Buyer acknowledges that presentation suites and building models are appoximations of the finished suites”. That’s an exact quote from our original purchase contract.
I would double check your contract, because chances are, it will have something similar.
I am sorry, though. They really are beautiful townhomes and I know I would be really stressed out if that happened to me 🙁 Unfortunately, though, that really is the risk we take when purchasing new construction. Hell, I was super bummed out when I found out the next phase of our condo complex comes with gas ranges!