Real Estate

Builder made a mistake on upgrade

  • Last Updated:
  • Sep 21st, 2020 10:58 pm
[OP]
Newbie
May 20, 2017
16 posts
7 upvotes

Builder made a mistake on upgrade

Bought a pre-construction home, and upgraded the pickets on the staircase to metal ones. Now that the house is almost complete, I see that they have installed the (cheaper) wooden ones. I called them, and they said pretty much said too bad, the upgrade was made too late (it was an amendment a few weeks after the original decor appointment) and we are not going to install the metal pickets. They have told me to come in and take the refund for the amount paid for the pickets.
Is this something I can mark down on the PDI inspection and have the builder replace later? The contract clearly states that its metal pickets.. the builder simply screwed up and ordered the wrong ones. It will cost me much more $$ in labour to upgrade these later.
Last edited by rfd3333 on Sep 7th, 2017 6:01 pm, edited 1 time in total.
41 replies
Deal Addict
Jan 15, 2017
3436 posts
2782 upvotes
What province are you living in? Each province has its own new home warranty program.
[OP]
Newbie
May 20, 2017
16 posts
7 upvotes
Ontario.
The home is under Tarion Warranty
Deal Addict
User avatar
Mar 14, 2006
4341 posts
762 upvotes
whatever you sign is what will stand. builder have written the purchase agreement in their favour even if you have amended. pretty sure somewhere you would have signed something along the line that if the upgrade is not available, builder can just install the standard, and provide back the refund if you have paid extra. there's not much you can do about it. take the refund and don't stress over it.
Member
Jun 30, 2009
248 posts
128 upvotes
Who is your builder? Had exact same thing happen to me but they had the pickets changed. Ours was selected during original decor appointment however. What was your upgrade cost?
Deal Guru
User avatar
Mar 23, 2008
11348 posts
7655 upvotes
Edmonton
Contact tarion and see what they suggest?

C
Sr. Member
Jul 22, 2015
577 posts
189 upvotes
Ontario
Have you checked with your lawyer? Perhaps you can hold back a certain $ amount on closing equivalent to the cost of you replacing the wooden pickets.

Is it a small builder or a larger well known builder? If it was my builder, I would be posting bad reviews on all social media outlets if they didn't correct their error.
Member
May 12, 2014
226 posts
622 upvotes
same thing happened to my brother, he got a refund and gave him equivalent upgrade free. since the house was done only option was a A/C.
Deal Addict
User avatar
Mar 14, 2006
4341 posts
762 upvotes
how are ppl suggesting to contact Tarion? this isn't a warranty issue. this was an optional upgrade that builder offered but did not complete, the agreement pretty much says you cant do shit to builder if upgrade is not completed due to whatever reason. they offered the credit, it's end of story. it's not taking builder's side on this. this is just a reality, do you want to stress over and spend thousands on your lawyer to sue and get the same or worse outcome?
Deal Guru
User avatar
Mar 23, 2008
11348 posts
7655 upvotes
Edmonton
mingyang wrote: how are ppl suggesting to contact Tarion? this isn't a warranty issue. this was an optional upgrade that builder offered but did not complete, the agreement pretty much says you cant do shit to builder if upgrade is not completed due to whatever reason. they offered the credit, it's end of story. it's not taking builder's side on this. this is just a reality, do you want to stress over and spend thousands on your lawyer to sue and get the same or worse outcome?
He could sue in small claims court, and it wouldn't cost him "thousands".

C
Deal Addict
User avatar
Mar 14, 2006
4341 posts
762 upvotes
CNeufeld wrote: He could sue in small claims court, and it wouldn't cost him "thousands".

C
stop posting garbage advice. seeing that you live in Edmonton, I won't judge you. perhaps where you are, the builders are 'fairer"
Deal Fanatic
User avatar
Sep 8, 2007
8635 posts
9400 upvotes
Way Out of GTA
There is a thread where the builder forgot or just didn't build the stairs for a separate entrance. Unfortunately the OP did a hit and run and didn't let us know how it was resolved. But the gist of many comments is that they just give you back the money for the upgrade which is in many cases unfortunate as you are correct many upgrades can cost substantially more after the fact.

http://forums.redflagdeals.com/builder- ... p-2045841/
"It is in times of great fear or greed that the most opportunity exists."
Banned
Jun 19, 2017
256 posts
180 upvotes
rfd3333 wrote: Bought a pre-construction home, and upgraded the pickets on the staircase to metal ones. Now that the house is almost complete, I see that they have installed the (cheaper) wooden ones. I called them, and they said pretty much said too bad, the upgrade was made too late (it was an amendment a few weeks after the original decor appointment) and we are not going to install the metal pickets. They have told me to come in and take the refund for the amount paid for the pickets.
Is this something I can mark down on the PDI inspection and have the builder replace later? The contract clearly states that its metal pickets.. the builder simply screwed up and ordered the wrong ones. It will cost me much more $$ in labour to upgrade these later.
I think the amendment part is where you're screwed. Builders are extremely tight with dates and stuff like that. You can mark it on your PDI for sure but it may take a year if they bother to fix it at all. I think you should take the refund.
Deal Addict
Jan 15, 2017
3436 posts
2782 upvotes
rfd3333 wrote: Ontario.
The home is under Tarion Warranty
Then now is a good time for you to familiarize yourself with Tarion and your home's warranty. From Tarion's website:

"If the Agreement of Purchase and Sale or construction contract ("purchase agreement") included the right to select certain items of construction or finishing, such as colours and styles, these usually cannot be substituted without the purchaser's written consent...

If the builder substitutes a selected item without the purchaser's consent, the purchaser can demand that the items be changed to what was originally selected or that the builder make a cash settlement..."

http://www.tarion.com/homeowners/making ... tions.aspx
Member
Oct 26, 2007
296 posts
171 upvotes
rfd3333 wrote: It will cost me much more $$ in labour to upgrade these later.
How sure are you about this? Most builder upgrades are overpriced.

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