First Time Home Buyer House Not Built to Plan

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Aug 4th, 2017 7:47 pm

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Aug 1st, 2017 9:49 am

scuba6 [OP]: Newbie; Jul 31, 2017; 4 posts; 1 upvote

Aug 1st, 2017 9:49 am

First Time Home Buyer House Not Built to Plan

Hi,

I am a first time home buyer and after looking for some time my partner and I opted for a new home built by Richcraft. After spending a lot of time looking over all their plans we picked the house we liked due to the layout and the amount of light we'd get due to the large windows in the living room and master bedroom. Couple of weeks ago we stopped by the construction and noticed that the wrong window was being installed in the master bedroom. It was suppose to be 1 large window that spans most of the wall but instead is 2 smaller windows. When we asked the sales person what happened they pulled up a plan that the people that are building the house are following and it in fact shows two windows. However in the contract we have singed it shows 1 large window additionally the website, home brochure at the sales office, and spec sheet at the model house all show a large window. In fact I have never seen a plan that had 2 smaller windows. Has anyone had any experience with dealing with this type of situation? I feel like they probably wont want to swap out the windows as the siding is already in place. I did call the sales office and they seem to keep saying they will look into it but they never follow up.

If anyone is curious this is the plan that I and the sales person initialed and in my contract https://www.richcraft.com/wp-content/up ... orplan.pdf Notice the window in the master.

28 replies

Aug 1st, 2017 10:23 am

chimaican: Deal Expert; Oct 23, 2008; 17332 posts; 15209 upvotes; GTA, ON

Aug 1st, 2017 10:23 am

Was there more than one elevation? If there is an elevation A, B, C etc... sometimes there are differences between each elevation.

I would consider contacting head office and speaking to the site supervisor. Have you spoken with your lawyer yet?

Tis banana is IRIE 😎

10% off is cold, 50% off is warm, 75% off is hot, but FREE IS RFD!

Aug 1st, 2017 10:26 am

engineered: Deal Expert; Feb 11, 2007; 19756 posts; 23179 upvotes; GTA

Aug 1st, 2017 10:26 am

Read your contract to be sure the building isn't allowed to change plans without notice. I wouldn't be surprised if it's in there. Harass the builder to correct the issue if possible, or ask for a rebate, or be willing to walk away. Most aren't willing to walk away so builders don't care about the buyer. If in the GTA, it's not hard to find another buyer.

If the women don't find you handsome, they should at least find you handy.

Aug 1st, 2017 10:37 am

ChipStewart: Newbie; Jul 27, 2017; 10 posts; 4 upvotes

Aug 1st, 2017 10:37 am

These builders are low lifes. They usually have some small print on their brochure so that they are not legally binded... "Dimensions, specifications, architectural and mechanical detailing are artists concept and subject to modifications." Doesn't hurt to complain, but don't hold your breath. Sorry bud.

+1

Aug 1st, 2017 10:42 am

Smiley22: Deal Addict; Mar 14, 2006; 2051 posts; 1928 upvotes; Toronto

Aug 1st, 2017 10:42 am

Unfortunately, the builder can modify the plan from the original if it needs

Aug 1st, 2017 10:54 am

scuba6 [OP]: Newbie; Jul 31, 2017; 4 posts; 1 upvote

Aug 1st, 2017 10:54 am

chimaican wrote: ↑ Was there more than one elevation? If there is an elevation A, B, C etc... sometimes there are differences between each elevation.

I would consider contacting head office and speaking to the site supervisor. Have you spoken with your lawyer yet?

As far as I can tell there is only 1 elevation. I havent looped in the lawyer yet as I want to see if I can come up with a resolution.

Aug 1st, 2017 10:56 am

scuba6 [OP]: Newbie; Jul 31, 2017; 4 posts; 1 upvote

Aug 1st, 2017 10:56 am

engineered wrote: ↑ Read your contract to be sure the building isn't allowed to change plans without notice. I wouldn't be surprised if it's in there. Harass the builder to correct the issue if possible, or ask for a rebate, or be willing to walk away. Most aren't willing to walk away so builders don't care about the buyer. If in the GTA, it's not hard to find another buyer.

All I do see is on the plan itself a line that states "Actual usable floor space may vary from stated floor area E. & O.E. Plans and specifications are subject to change without notice March 7, 2013. *Square footage includes finished rec room. Items such as roof, masonary & window configuration may vary."

Aug 1st, 2017 10:57 am

scuba6 [OP]: Newbie; Jul 31, 2017; 4 posts; 1 upvote

Aug 1st, 2017 10:57 am

ChipStewart wrote: ↑ These builders are low lifes. They usually have some small print on their brochure so that they are not legally binded... "Dimensions, specifications, architectural and mechanical detailing are artists concept and subject to modifications." Doesn't hurt to complain, but don't hold your breath. Sorry bud.

I'm starting to think I got screwed which is amazing. Why dont they just give me a cardboard box if they can change anything arbitrarily.

+1

Aug 1st, 2017 11:08 am

eblend: Deal Addict; Jul 21, 2005; 2047 posts; 1099 upvotes; Alberta

Aug 1st, 2017 11:08 am

I work for a builder in Alberta, and my buddy recently built a house with our company, and they addressed all issues he had, above and beyond. I would definitely complain and make them change it. What looks like major work "siding" isn't really a problem for them, they can fix it and blend it in that you will never know. My friend's textured sealing had to be fixed as they made a hole, and the shower head wasn't centered, they came in and fixed it all, despite the fact that tiles were installed and stuff grouted already. Looks all like new, doesn't look any different than the rest.

People want a big window, so you should get your big window.

+1

Aug 1st, 2017 11:16 am

alucky17: Member; Dec 5, 2016; 266 posts; 55 upvotes

Aug 1st, 2017 11:16 am

I wouldn't let this slide. File a formal complaint and keep at it.

+1

Aug 1st, 2017 11:31 am

chimaican: Deal Expert; Oct 23, 2008; 17332 posts; 15209 upvotes; GTA, ON

Aug 1st, 2017 11:31 am

They leave that clause in there if they need to make any structural changes due to whatever they may encounter during the building process (i.e. more support beams due land, etc). However in your case with the window, unless there is mechanical (i.e. ducts, piping) or a structural support passing through between the two smaller windows (which I highly doubt), there should be no reason why they couldn't install a larger window. It's probably the builder being too cheap because they already ordered the materials and did the work.

You and the sales rep did sign off on the plans with the larger window so I think you have a case to complain.

Tis banana is IRIE 😎

10% off is cold, 50% off is warm, 75% off is hot, but FREE IS RFD!

+3

Aug 2nd, 2017 11:21 pm

Nuprapture: Deal Addict; Jun 9, 2005; 1893 posts; 503 upvotes; Calgary

Aug 2nd, 2017 11:21 pm

Don't let anything slide. You have a right to the house you signed for, so press every button until you get that house. Odds are they messed up and they just want to delay the issue until you take possession.

Aug 2nd, 2017 11:58 pm

Jerico: Deal Guru; Jan 25, 2007; 12159 posts; 7350 upvotes; Paris

Aug 2nd, 2017 11:58 pm

Lawyer up

+1

Aug 3rd, 2017 1:43 pm

Faemow: Deal Addict; Sep 20, 2008; 1149 posts; 308 upvotes; Toronto

Aug 3rd, 2017 1:43 pm

Most likely there's a clause in the contract that states that the diagrams in the brochures or sales centre do not represent the final outcome. The builder has full authority to revise the drawings as they feel fit. And unfortunately, how they operate is "pay up or shut up".

Project 708
Architectural Pencil Pusher

+1

Aug 3rd, 2017 2:11 pm

Jerico: Deal Guru; Jan 25, 2007; 12159 posts; 7350 upvotes; Paris

Aug 3rd, 2017 2:11 pm

Faemow wrote: ↑ Most likely there's a clause in the contract that states that the diagrams in the brochures or sales centre do not represent the final outcome. The builder has full authority to revise the drawings as they feel fit. And unfortunately, how they operate is "pay up or shut up".

Which is why it's lawyer up time. If they wait you out long enough then it becomes harder and harder to change it, so lawyer up ASAP. His contract says 1 large window and there is unlikely to be a reason to change this that has to do with structure, HVAC, electrical etc.

+1

Aug 3rd, 2017 3:49 pm

Wonivek: Member; Oct 14, 2007; 373 posts; 47 upvotes

Aug 3rd, 2017 3:49 pm

Something similar happened to me - Builder is in GTA.

1. I paid for a conduit and electrical outlet to be installed above the electric fireplace in the great room.
2. During the framing walk through (before drywall went up), we noticed that above the fireplace was an arched window that was not displayed on any of the floorpans nor design concepts. There was only about 6 inches of drywall space where they installed the conduit and plug above the fireplace.
3. The framing suggested that a door was not going to be inserted where the mudroom was.

We brought it to the builder's attention and told them the following:

1. We understand things like this can happen
2. Our concern right now is not who's fault it is but rather how we can come to a resolution that is acceptable by everyone

The resolution:

The missing door would be left out (didn't care either way)
The window above the fireplace would remain and they would refund the cost of the conduit/electrical install plus install an additional electrical and conduit somewhere else of my choosing .

So the builder is willing to budge - it don'ts hurt to ask. They might be able to do other things that would be worth your time....

Aug 3rd, 2017 5:19 pm

BuildingHomes: Deal Addict; Mar 21, 2006; 4478 posts; 477 upvotes; Burlington, Ontario

Aug 3rd, 2017 5:19 pm

This more than likely was a mistake.
If the house is still framing it is a correctable mistake.

You will find most builders will do the following:

1) Offer to compensate you and leave it as is
2) Change it to what it was suggested to be
3) Refer to some clause saying too bad.

Just talk to them and ask them what they are going to do.

To everyone out there purchasing a new home, make sure there is an actual drawing of your home in the Purchase Agreement.
I have seen it where there was not a drawing and the purchasers got a number of things different from what they thought they were going to.

Audio - Video - Data - Security - This is what I do

Aug 3rd, 2017 9:41 pm

Faemow: Deal Addict; Sep 20, 2008; 1149 posts; 308 upvotes; Toronto

Aug 3rd, 2017 9:41 pm

Jerico wrote: ↑ Which is why it's lawyer up time. If they wait you out long enough then it becomes harder and harder to change it, so lawyer up ASAP. His contract says 1 large window and there is unlikely to be a reason to change this that has to do with structure, HVAC, electrical etc.

But don't you think that the developers have bigger corporate lawyers in their back pockets that will make all their issues go away? OP poke the bear and give us updates!

Project 708
Architectural Pencil Pusher

Aug 3rd, 2017 10:35 pm

Jerico: Deal Guru; Jan 25, 2007; 12159 posts; 7350 upvotes; Paris

Aug 3rd, 2017 10:35 pm

Faemow wrote: ↑ But don't you think that the developers have bigger corporate lawyers in their back pockets that will make all their issues go away? OP poke the bear and give us updates!

Maybe. But I don't see them paying 3000 bucks to avoid an 800 change. Math doesn't work. However OP will be in that bedroom for 4-20 years and wish he/she took action.

Aug 3rd, 2017 11:27 pm

Frankie3s: Deal Fanatic; Jul 4, 2004; 9255 posts; 2320 upvotes

Aug 3rd, 2017 11:27 pm

scuba6 wrote: ↑ All I do see is on the plan itself a line that states "Actual usable floor space may vary from stated floor area E. & O.E. Plans and specifications are subject to change without notice March 7, 2013. *Square footage includes finished rec room. Items such as roof, masonary & window configuration may vary."

If you signed the contract with the above noted paragraph sadly, you're done. You could try to ask them to correct however, it's doubtful they will.

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