(Closed) Our builder is changing our contract…can we do anything?

posted 4 years ago in Home
Post # 3
46607 posts
Honey Beekeeper
  • Wedding: November 1999

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
2879 posts
Sugar bee

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 # 6
4698 posts
Honey bee
  • Wedding: September 2014

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
4 posts

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!


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