Legal Question in Construction Law in Utah

I walked into a model condo, and was told that everything you see here is what your new condo will look like. The floor in the model was a wood floor, and around the edges it had a decorative border, the wood was turned another direction creating a rich looking border, which separted the rooms off. When I went thru the 1st walk thru on my condo, the wood floor was there, but not the decorative edging border, they just put down the wood all in one direction. This was a hugh eye catching feature in the model home, that they did not do in my condo. They told me they switched subcontractor's and that's the way they layed it, and I can't expect to have my condo look exactly like the model. Well that's what I bought, there model as it was presented to me. I'm paying alot for that condo, there charging me the price of there mode, but they are not delivering what they presented to me. There telling me that's how it is and they can't do anything about it. What can I do ? There not delivering what they presented to me and what I thought I was getting and paying for. Isn't this like false advertising ? Thanks

Asked on 9/26/09, 11:20 am

2 Answers from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

It may be false advertising, but your answer lies in the contracts and paperwork which was signed and exchanged when you made the agreement to purchase. If the documents indicate that you are entitled to a certain level of construction, you probably have a case. You should have an attorney review all of the documents. You can also refuse to close and see if the seller will perform as you expected.

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Answered on 10/01/09, 11:34 am
Randy B. Birch Attorney at Law

READ the paperwork you signed. It sounds like you should be able to rescind the contract, but that is a factually intensive matter and hard to evaluate without reviewing all documents and looking at the product as delivered. You may want to contact the Utah Division of Consumer Protection and see if they can help you.

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Answered on 10/01/09, 11:50 am

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