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.
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
