Legal Question in Real Estate Law in California
Real estate developer trying to make us change lots
We placed a down payment of $2000.00 on a house to be built in November 1999. The paperwork states the lot #, address number and street number plus that it was going to be a level B. Difference between a level A and B is the front of the house. Level A is some type of wood look. Level B is stucco.
We were contacted telling us the last agent made a mistake and that the lot, address and street number is schedule for a Level A and not a B.
The company wants us to settle on a different lot. Question is can the company make us settle on a different lot? What recourse do we have?
3 Answers from Attorneys
Re: Real estate developer trying to make us change lots
Ask them how much they are going to pay you to change lots.
Re: Real estate developer trying to make us change lots
Whether the developer can force you to change lots depends upon the terms of your contract and, perhaps, on whether there are enforceable limitations on what sorts of houses the developer can put in different places. That is, it might be that the developer is obligated by law or contract to place a type A house where you want your type B house. In that event, depending on the wording of your contract, you might be forced to accomodate the developer. You should consult with an attorney, bringing with you all of your paperwork regarding your purchase.
Re: Real estate developer trying to make us change lots
If you have a written contract for a specific lot, that contract is enforceable, and you cannot be required to "settle on a different lot." You may wish to negotiate for a lower purchase price or a better lot. If we may be of further assistance, please visit us at www.labusinesslawyer.com.
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