Unliateral Layout Changes

[Roy G Biv]

Unexpected Layout Changes

My custom condo unit is being finished, and project manager asked me to add some measurements to a layout drawing, detailing the placement of pot-lights etc. I repeatedly asked for a scale drawing, but was told that they don't have any... and that I should just be approximate. At this point, I looked behind him, and saw a scaled drawing on the wall. On this drawing, I noticed an ugly jog in my straight hallway, where the width is reduced from 1.3 metres, to 0.9... which also made my kitchen smaller. I pointed it out, and he quickly covered the drawing and told me not to read anything into it, and just to go off my retail drawings...

... bullshit I say. He is also telling me I can't have a cable outlet beside my fireplace, or a rain shower (he says the shower has to come out of the wall instead). These are all details I had put into a seperate binding schedule in my contract.

The jog is ridiculous, and they didn't include it in the latest drawings they gave to me, and seem to be obfuscating its existence.

I know condo law is so one-sided, but what are my rights? I don't want the unit if it has the jog.

 

[simuls]

I doubt a 40cm jog would be a "material change" in your unit, but you might want to ask your lawyer. If it is, you can get out of your contract.

On the flipside, how much of a "custom" condo unit is this if you can't see scale drawings/blueprints, can't get a rain shower (an easy thing with a dropped ceiling that all bathrooms have) or determining the location of a cable outlet? Doesn't sound very custom to me.

 

[Roy G Biv]

The whole concept of a "material change" is completely subjective. It should be up to the buyer to decide what a "deal killer" is. I wanted a straight hallway to act as a gallery, and 1.3 m in width was the minimum I could do.... I find it fraudulent that they confirmed my floor plan only two weeks ago, and seem to be attempting to shield me from discovering said jog.

Also, I had schedules attached to the contract which detail extra's (etc), and the floor-plan was one of these schedules. These schedules were made part of the contract. Should they not override the details of the standard contract?

It is a completely custom unit, but the developers are trying to be as stingy as possible. They won't even finish my cove ceiling correctly because it's too much work.

Thanks for the help.

 

[simuls]

Floor plans are included in all contracts and are usually a Schedule "A" or "B", but unless the floorplans also have every tiny measurement on them, they're still considered "artist renderings". Even with that, they can sometimes change the floorplan because of engineering changes. I had a door moved 3 feet which completely changed the entire room layout. Even extras can be changed. I have 6 bonus features listed in my schedule and I'm getting none of them and my lawyer says there are only two options. A demand letter, or small claims court. Thank god small claims has been increased starting Jan.1/10 to $25000 limit!! Fight hard for it and document, tape, video, everything.

 

[Roy G Biv]

Thanks for the info. My floorplans had measurements, and were not simple retail renderings..... so maybe this will help me.

OT: I hate the spelling error in the title. This "edit" function sucks.