Closing problem with the builder

[sajkaj]

Hi guys,
I'm having problem with my new house cloing so anyone who can help me or any advice w'll be highly appericiate.

I booked a house in brampton with royal chrest about 2 years ago and the closing was on july 20/2008 but I refused to do closing and the reason was the builder put the different dark color bricks in the middle of side wall and it's look ugly and I told them the same day ( 3 months ago ) when they were working on it and they said it's wet that's why it's look different, then I called the head office and they acknowledge and said there is a problem with the bricks and w'll do our best to fix it before closing and 10 day before closing they started telling me that they w'll fix it after closing and that time I involve my lawer and basicially he said the same thing first do your closing and then they w'll fix it and it they don't I w'll be responsibble and I still said they should fix it before closing and they put more presure on the builder and guess what happens they color the dark bricks and match it and then their lawer send the letter which said they replace the bricks so now do the closing .

I'm not sure what should I do I have only sat/sun, so guys any help w'll be highly appericiate.

thanks

 

[projectcontrol]

Follow your lawyer advice and close.

Otherwise if you don't, you breach your contract and will be in default. Consequences will be severe.

Your brick colour issue is likely not sufficient material for you to walk away from the contract unless you specify so in the contract.

Builder always have a clause in the contract or colour selection that they cannot guarantee colour will match what you selected due to variances in manufacturing process subject to the terms of the agreement of purchase and sale.

Close and deal with the issue through your Tarion warranty process. tarion has construction guideline about color to resolve the issue.

 

[CGM]

If the specifics of the brick is in the Agreement of Purchase and Sale (which I doubt), then you have a legal claim... and you can still pursue the matter with Tarion after your closing.
If it's not in the agreement, the builder does reserve the right to make substitutions and variations are not uncommonn.. you'll just have to go with it. You don't want to default on your property by not closing... If your home is the only one on the block, and it really stands out it might give you a better case... If your neighbours have the same issue, you can go to the builder collectively and you'll have increased bargining power... either way, it might work out... but listen to your lawyer.

 

[sajkaj]

Hi guys,

First thank for your reply I highly appericiated.
I got your point but I'm not talking about color variation, they put totally different bricks in the middle of the side wall and when I complained they said they are going to replace it but they didn't instead of that they color it and their lawer said on the letter that they replace the bricks so now do the closing.
It's like when someone order stainless steel fridge with stainless steel handels and they deliver the fridge with black handel and after complaining they color the door handle with silver color .

I'm sure u guys understand the problem

Thanks

 

[Observer Walt]

I would agree with the advice given above. If your lawyer says close, then close. If you don't, you jeopardize your position and lose credibility. Pursue the matter through Tarion. Keep any documentation you have, particularly the letter that you say you received from their lawyer regarding brick replacement.

 

[rbt]

If you don't like your lawyers opinion, get a second opinion. I expect you will find it is the same as the first but perhaps not.

It's like when someone order stainless steel fridge with stainless steel handels and they deliver the fridge with black handel and after complaining they color the door handle with silver color .

The question is did you order stainless steel handles (actually written out in that detail) or did you order a stainless steel fridge with handles and no details about the handles.

When details aren't included in the contract you cannot really expect anything specific. Resale markets are full of appliance switching and those kinds of things for this reason. I've even seen one fellow take his very nice lawn with him and put down cheap seed to replace it. Didn't go to court that I know of but "lawn" doesn't necessarily mean the lawn you saw -- simply any lawn will meet the agreement.

What you see isn't necessarily what you get unless explicitly written up as such. Dealing with new developments is easier than resale because the developer usually has a reputation to build. Cheating customers is only a viable option when they are exiting the market.

 

[sajkaj]

Hi guys,

Yes u r right there is no detailing, so far my lawer is still in my side and he is still fighting I'm going to see him on this monday but meanwhile if anybody know a good lawer plz let me know.

One most important thing is this forum, guys I'm new to this but u guys help me lot and I highly appericiated for u guys and this forum too.

take care
Thanks