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Home builder refuses to build driveway approach

  • Last Updated:
  • Aug 18th, 2020 10:40 pm
Sr. Member
May 24, 2013
793 posts
285 upvotes

Home builder refuses to build driveway approach

Hello all,

​I bought a new build last year in southern ontario (Windsor) where I expected the driveway to be done by the builder (Seiko homes). I received a call from him a couple days ago saying he will not do the driveway approach unless I pay $1700 and that if I don't pay, he will do the driveway only. FYI, since this is a new term to me, The driveway approach is the last 3-4 feet of the driveway.

The only clause he referenced is the one here which we (builder, and owner) crossed out, meaning it's not applicable. The last sentence seems pretty black and white to me, that the purchaser (me) is responsible for the driveway approach. Since this is crossed out, doesn't this imply the builder is in fact responsible?

​I have reached out to my lawyer but would always appreciate additional insight

Thank you
Last edited by theBasher91 on Aug 18th, 2020 2:41 pm, edited 1 time in total.
33 replies
Deal Expert
User avatar
Feb 11, 2007
21246 posts
25711 upvotes
GTA
Just another sleezy homebuilder. Hopefully your house is built well. Keep an eye out for sabotage if you push this, which you should. You're lawyer will help and should be pretty straight forward since you both signed the agreement.
If the women don't find you handsome, they should at least find you handy.
Deal Addict
Dec 17, 2007
2625 posts
1620 upvotes
Alliston, ON
Seeing that it's striked out it shouldn't apply. But it also doesn't look like that change was initialed by the purchaser, builder or sales agent. They could try and claim that you deleted that paragraph and they didn't agree to it
Sr. Member
May 24, 2013
793 posts
285 upvotes
schade wrote: Seeing that it's striked out it shouldn't apply. But it also doesn't look like that change was initialed by the purchaser, builder or sales agent. They could try and claim that you deleted that paragraph and they didn't agree to it
It was the real estate agent that crossed it out, and the builder and myself that put our initials beside it.
Deal Fanatic
Nov 21, 2013
8130 posts
9317 upvotes
Montréal
theBasher91 wrote: It was the real estate agent that crossed it out, and the builder and myself that put our initials beside it.
then you have a case
Deal Fanatic
Nov 17, 2012
5380 posts
4994 upvotes
Toronto
You have a case if the 'driveway approach' is defined in the agreement as part of the project, and that the only clause stricken was that you were responsible for it.

You not being responsible for it does not inherently mean the builder is responsible for it, unless it suggests otherwise elsewhere in the agreement.

Striking that clause out simply means NOBODY is responsible for it.
Sr. Member
May 24, 2013
793 posts
285 upvotes
torontotim wrote: You have a case if the 'driveway approach' is defined in the agreement as part of the project, and that the only clause stricken was that you were responsible for it.

You not being responsible for it does not inherently mean the builder is responsible for it, unless it suggests otherwise elsewhere in the agreement.

Striking that clause out simply means NOBODY is responsible for it.
Thanks for your reply.

Driveway approached is not defined anywhere else, so I guess it's not included based on what you've written. I had made the assumption that if I wasn't responsible, the builder would be, since we're the only two parties in the agreement. But this was an assumption, and there's nothing explicity stated that if one person isn't responsible, that the other is.
Deal Guru
Jan 25, 2007
12695 posts
7861 upvotes
Paris
Wouldnt the municipality expect a driveway approach cut out of the curb for the house before issuing an occupancy permit?
Deal Fanatic
User avatar
Dec 4, 2009
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theBasher91 wrote: Hello all,



I bought a new build last year in southern ontario where I expected the driveway to be done by the builder. I received a call from him a couple days ago saying he will not do the driveway approach unless I pay $1700 and that if I don't pay, he will do the driveway only. FYI, since this is a new term to me, The driveway approach is the last 3-4 feet of the driveway.

The only clause he referenced is the one here which we (builder, and owner) crossed out, meaning it's not applicable. The last sentence seems pretty black and white to me, that the purchaser (me) is responsible for the driveway approach. Since this is crossed out, doesn't this imply the builder is in fact responsible?



I have reached out to my lawyer but would always appreciate additional insight



Thank you
Lol, name and shame!

I would go back to your agent and /or lawyer who is supposed to offer some protection from this type of sleazebaggery.
"I'm a bit upset. I've been grab by the back without any alert and lubrification"
Lucky
Deal Expert
May 30, 2005
49008 posts
10301 upvotes
Richmond Hill
torontotim wrote: You have a case if the 'driveway approach' is defined in the agreement as part of the project, and that the only clause stricken was that you were responsible for it.

You not being responsible for it does not inherently mean the builder is responsible for it, unless it suggests otherwise elsewhere in the agreement.

Striking that clause out simply means NOBODY is responsible for it.
Lol, what's new, anything not explicitly defined in the agreement is not included now?
Tons of things for sale!
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Deal Addict
Sep 8, 2017
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GTA
theBasher91 wrote: It was the real estate agent that crossed it out, and the builder and myself that put our initials beside it.
Why did you do that? Was there some kind of discussion about why that clause was being crossed out? Or what would now happen with the approach? What did you think was going to happen?
Sr. Member
May 24, 2013
793 posts
285 upvotes
derass wrote: Why did you do that? Was there some kind of discussion about why that clause was being crossed out? Or what would now happen with the approach? What did you think was going to happen?
The realtor said it was to eliminate the unnecessary need for paying a deposit and eventually getting your money back. There was no discussion about actually having to pay for an approach. This was done for all contracts in the neighbourhood actually.
Sr. Member
May 24, 2013
793 posts
285 upvotes
Toukolou wrote: Lol, name and shame!

I would go back to your agent and /or lawyer who is supposed to offer some protection from this type of sleazebaggery.
Haha I guess I should, to help those searching this builder up in the future. Seiko homes in Windsor.
Deal Fanatic
User avatar
Dec 4, 2009
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theBasher91 wrote: The realtor said it was to eliminate the unnecessary need for paying a deposit and eventually getting your money back. There was no discussion about actually having to pay for an approach. This was done for all contracts in the neighbourhood actually.
Was the realtor representing the builder, cause this sounds really fricken shady!
"I'm a bit upset. I've been grab by the back without any alert and lubrification"
Lucky
Sr. Member
May 24, 2013
793 posts
285 upvotes
Toukolou wrote: Was the realtor representing the builder, cause this sounds really fricken shady!
It was my first purchase actually. It was the sales agent that did this, sorry for the confusion. Sales agent was working with the builder
Deal Addict
Sep 7, 2018
2267 posts
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what builder? Never heard that being a thing, a builder should complete the driveway right to the curb or it is NOT DONE


NAME the builder please :)
>Wake up and take the orange pill ...
Deal Guru
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Sep 8, 2007
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Way Out of GTA
This is maximum shady. As others have said name and shame when you feel appropriate.
Sr. Member
May 24, 2013
793 posts
285 upvotes
superscoots wrote: what builder? Never heard that being a thing, a builder should complete the driveway right to the curb or it is NOT DONE


NAME the builder please :)
Seiko homes in windsor, Ontario. Haven't even addressed my 30 day or 1 year form, and I've been here for 14 months now.
Deal Addict
Sep 7, 2018
2267 posts
2729 upvotes
theBasher91 wrote: Seiko homes in windsor, Ontario. Haven't even addressed my 30 day or 1 year form, and I've been here for 14 months now.

Too far west to be aware of them, but have you shown them the contract and the slashed out language? You can explain that in good faith it would be appreciated to complete the full job

DO NOT SIGN OFF ON ANY PDI PAPERWORK

contact TARION
>Wake up and take the orange pill ...
Deal Addict
Dec 17, 2007
2625 posts
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Alliston, ON
theBasher91 wrote: Seiko homes in windsor, Ontario. Haven't even addressed my 30 day or 1 year form, and I've been here for 14 months now.
Why haven't you contacted Tarion if that's the case??

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