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New Build ... Any Recourse?

  • Last Updated:
  • Mar 29th, 2021 7:57 pm
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Deal Fanatic
Nov 11, 2008
8040 posts
1663 upvotes

New Build ... Any Recourse?

I purchased a pre-construction last year and I went by the site to see that it's a little different than the promotion material. I was under the impression I would not have a neighboring balcony or garage next to my unit according to the booklet. I went recently and that's not the case.

Anyone been in a similar situation? I've attached some pictures for reference.

Inside the book:
nonupgraded.png
Actual build:
20201114_143754.jpg
As you can see, there is a neighboring garage and balcony next to mine

*update:
Posted update on post #74
Last edited by EPcjay on Mar 29th, 2021 3:04 pm, edited 3 times in total.
79 replies
Deal Addict
Nov 9, 2011
1028 posts
1116 upvotes
Toronto
Wow that is terrible, now you have a shared driveway as opposed to what is shown on the brochure. I would go back to the builder to see if there is any financial compensation for this. It is too late for you and them to do anything about the layout now.

Something is off about that brochure image though.. I counted 5 townhouse units, but there are only 4 front entrances? I guess the other corner unit have side entrance instead.

My guess is they squeezed in another unit in the middle to make it a 6 units townhouse?
Sr. Member
Jan 3, 2013
563 posts
202 upvotes
Winnipeg
You most likely had a lawyer approve your purchase documents. I would contact them and see what they can do. Might cost you $200 to $400 but be worth it.

I agree either another unit, old documentation, or maybe city approval changed what you thought.

Best of luck. Hopefully your purchase agreement included a picture and that it must be like that but I doubt that.
Jr. Member
Nov 13, 2019
198 posts
49 upvotes
Toronto
So basically your unit became the second one from the right? Did they just not build yours yetSmiling Face With Open Mouth And Cold Sweat? Do you have a pic from far away showing all 5 units?
Deal Expert
Aug 22, 2011
35543 posts
21599 upvotes
Center of Universe
You have a solid case to back out and I highly recommend you do so...do not move into a house with a shared driveway.
Deal Guru
Feb 29, 2008
14217 posts
10525 upvotes
Those photos are artist renders and are strictly marketing material. You have to look at the actual plans. I'd be pissed, but the marketing material is always fluff. I'm sure the builder has some language in there to protect themselves but talk to your lawyer.
Deal Expert
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Mar 25, 2003
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Markham
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Deal Expert
User avatar
May 10, 2005
36156 posts
10274 upvotes
Ottawa
Jon Lai wrote: Look at the site plan. Not all townhouse blocks have the same configuration. The photos may only show the most typical configuration.
Exactly right. There is a big difference between artist rendering and advertising brochure and the actual architectural and building drawings. Most of the brochures will even say something along the line of "actual may differ" or" artists rendering " etc.
The Government cannot give to anybody anything that the Government does not first take from somebody else.
Sr. Member
User avatar
Feb 25, 2004
956 posts
432 upvotes
Longueuil
Pete_Coach wrote: Exactly right. There is a big difference between artist rendering and advertising brochure and the actual architectural and building drawings. Most of the brochures will even say something along the line of "actual may differ" or" artists rendering " etc.
It depends where OP is. In Québec even if you say that the picture may differ in the ad, it is illegal (article 231.1 LPC). Obviously, there might be multiple models and only 1 (another one) is shown, which would make it legal.

Personally, no financial compensation would make it worth sharing a driveway.
Try not! Do or do not, there is no try...
Deal Addict
Jan 15, 2017
3930 posts
3393 upvotes
The promotional material that you posted is generally just an artist's rendering of what the units may look like when built. It is not an indication of which specific unit will be where. Due to design and build limits though, some builders do only sell certain units next to others and this would be shown on the site plan. Did you review the site plan? Did you inquire as to which units would be included in your block as this would have also given you insight into how the block would look?

Not much recourse, I'm afraid.

FYI - another common builder play is to develop promotional material showing street scapes of single family homes with huge spaces between them and complimentary elevations. The reality is when built the street will have homes spaced closed together and different elevations that in no way resemble the marketing material.
Deal Addict
Dec 4, 2011
1619 posts
1072 upvotes
Montréal
This is like computer game screenshots used for marketing purposes, they have nothing to do with reality. That picture was for the shiny marketing brochure that is all. If you signed off on the actual plans, I am afraid you are SOL.
Deal Expert
User avatar
May 10, 2005
36156 posts
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Ottawa
JEDI Force wrote: It depends where OP is. In Québec even if you say that the picture may differ in the ad, it is illegal (article 231.1 LPC). Obviously, there might be multiple models and only 1 (another one) is shown, which would make it legal.

Personally, no financial compensation would make it worth sharing a driveway.
Have no idea what article 231.1 LPC is.
So, it is misrepresentation?
Is it legal? Or not?
The Government cannot give to anybody anything that the Government does not first take from somebody else.
Deal Addict
Dec 4, 2011
1619 posts
1072 upvotes
Montréal
Pete_Coach wrote: Have no idea what article 231.1 LPC is.
So, it is misrepresentation?
Is it legal? Or not?
Loi de Protection du Consommateur (Consumer Protection Laws), he is saying the law is more strict in QC when it comes to marketing but there are still ways to get around it legally. As always, due diligence and buyer beware. This one is obvious to see on the plans as well.
Deal Expert
User avatar
May 10, 2005
36156 posts
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Ottawa
admiralackbar wrote: Loi de Protection du Consommateur (Consumer Protection Laws), he is saying the law is more strict in QC when it comes to marketing but there are still ways to get around it legally. As always, due diligence and buyer beware. This one is obvious to see on the plans as well.
Absolutely there is a way around legality in marketing....no matter where you are LOL
The Government cannot give to anybody anything that the Government does not first take from somebody else.
Deal Addict
Dec 20, 2018
4948 posts
3997 upvotes
vkizzle wrote: You have a solid case to back out and I highly recommend you do so...do not move into a house with a shared driveway.
I don't think so, as argument (and valid one) is that OP purchased the end unit and has no interest in what his neighbor/adjacent unit is like.

Though likely prices have gone up since OP purchased and builder maybe glad OP wants to back out subject to fees
Member
Jun 1, 2017
456 posts
315 upvotes
Mississauga
Pete_Coach wrote: Exactly right. There is a big difference between artist rendering and advertising brochure and the actual architectural and building drawings. Most of the brochures will even say something along the line of "actual may differ" or" artists rendering " etc.
What he said. if you look at the other end unit, that configuration has a shared driveway. Im pretty sure the builder will have an out with that.
With the market being pretty hot now, the builder can say tough and just sell it now for more $$$.

But you do have 2 valid issues based on what you purchased. im interested to hear the outcome on this.......
Deal Expert
Aug 22, 2011
35543 posts
21599 upvotes
Center of Universe
StatsGuy wrote: I don't think so, as argument (and valid one) is that OP purchased the end unit and has no interest in what his neighbor/adjacent unit is like.

Though likely prices have gone up since OP purchased and builder maybe glad OP wants to back out subject to fees
OP would have been required to sign off on the actual floor plan and land survey.
No builder, at least the one I've purchased three new builds from, goes off a brochure.
Jr. Member
Nov 13, 2019
198 posts
49 upvotes
Toronto
projectman44 wrote: What he said. if you look at the other end unit, that configuration has a shared driveway. Im pretty sure the builder will have an out with that.
With the market being pretty hot now, the builder can say tough and just sell it now for more $$$.

But you do have 2 valid issues based on what you purchased. im interested to hear the outcome on this.......
True, but that one doesn't have a door in the front

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