Edison, NJ asked in Construction Law and Consumer Law for New Jersey

Q: builder represented false built-up area

While signing contract for house 'A', I was represented built-up area of 3600. I have that inventory list that sales agent gave me specifying house A area of 3600 along with price. After 5-6 days of signing contract, I came to know through their website that actual built-up area is 3363. I contacted builder sales office and was confirmed that 3363 is correct and 3600 was a misprint.

I had other good deal from same builder in other community say house B, but because of 3600 sqft (bigger area of house A), I opted house A. Now I am not being offered same deal of house B that I was getting while signing house A.

Ultimately I have house A in my contract that has 237 less square foot area than what was presented to me.

I asked builder to reduce the house of price by per square feet price basis but builder is simply asking me to take my 'earnest money' and come out of contract.

Is this a case of fraud or can I sue builder to reduce the price by per square feet basis?

Please advise.

1 Lawyer Answer
H. Scott Aalsberg
H. Scott Aalsberg
Answered
  • East Brunswick, NJ
  • Licensed in New Jersey

A: You would need a lawyer to look over the contract and the plans that were incorrect. It may have been just a simple mis-print as I'm sure the builder alleges. Many factors could say the decision one way or another on whether this was fraud. Good Luck

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