In April, 2009 I purchased a freehold townhouse that was to be developed by Plazacorp Urban Residential Communities and completed by Town Square Homes. Here are the details of this transaction:
- In April 2009 I submit an Agreement of Purchase and Sale for a freehold townhouse
- The seller, a financial institution, had foreclosed on a partially completed development and was now selling the remaining unfinished units (3 units in total).
- Upon completion of the transaction, I was contacted by a representative from Plazacorp Urban Residential Communities to select finishes for my unit.
- The Agreement of Purchase and Sale had stated that all finishes be comparable to that of the model unit. That is, the exact model and manufacturer would not be the same but the type of product would be.
- During the selection process of finishes, I was given one opportunity to view a number of finishes without explanation. I had noted a large number of finishes did not align with the original agreement and the builder agreed to change the items I had pointed out.
- Having said that, I had failed to noticed that a number of the finishes provided by Plazacorp Urban Residential Communities were inferior in quality to the original agreement.
- Upon completion of the finish selection, I, the home buyer, had created a Document of Understanding that would summarize all finishes that were selected.
- I provided this to the representative and he signed and dated the document. I also signed and dated this document.
- There is an item in the document stating the specific finish of my basement staircase. The document, signed by the representative, states that the finish should be Oak. My unit has pine plywood stairs installed.
- I contacted Plazacorp Urban Residential Communities regarding this matter and was told that the substitution is valid and that they "are not prepared to have any further dialogue with [me] on this issue."
I'm sure Plazacorp would be more than willing to hold me to a signed agreement if it benefits them. But since the tables are turned, they are compelled to think they are above such agreements. If you are not prepared to commit to something, then I would suggest you do not put your pen to paper.