Just bought a new house but cant get my elevation choice... :(

[Soyabean]

Hey Everyone,

I had a question. So yesterday I signed papers at the builders to purchase a specific house elevation c on a lot that I lined up like 4 hours for. Of course the lot I really wanted was taken already but I still got one that I was really satisfied with. So yesterday I signed the papers and everything and thought, wow great! I'm going to be a home owner.

Now today, I get a call from them telling me that elevation c for my model cannot be put on this lot because a house across from it has the same elevation and my neighbour has elevation B. So that means Im stuck with either getting elevation A, choosing a new model (i dont like any of the other ones), or choosing another lot (none that i really want and ones that I dont mind have an additional premium). So of course I am quite upset as this is my first house and I thought everything was good.

Is there anything in the Agreement of Purchase and Sale that binds them to have to give this to me? Or give me some kind of compensation if I do decide to live with Elevation A? I am quite upset but they are giving me up until Thursday to think about it or I can walk away from this deal which I dont think I would do.

Any advice is greatly appreciated as this is my first house and I dont know too much. I've been trying to google too but couldnt find anything like this or maybe I wasnt using the correct search terms.

Thanks

[SomeGuy]

So you signed for a certain model of house and now they're saying you can't get it because someone across the street has the same one? Wtf?

[Soyabean]

So you signed for a certain model of house and now they're saying you can't get it because someone across the street has the same one? Wtf?

lol pretty much. Apparently there are bylaws from the city where 2 houses within a certain radius or whatever cannot be the same model and elevation. I know... Its messed up... sigh

[SomeGuy]

Meh, if you have a binding legal agreement...lawyer.

[lazycro]

lol pretty much. Apparently there are bylaws from the city where 2 houses within a certain radius or whatever cannot be the same model and elevation. I know... Its messed up... sigh

It's to stop cookie cutter houses.

[mazdabetty]

Contact Tarion to see what can be done. They're basically the OMVIC of home buyers, they protect purchasers from getting taken advantage of.

[loki]

Suburb problems

[SilentJay]

This happens a lot more often than you'd think, though it's really odd that this has happened so long after your agreement was signed. The elevations (and sometimes exterior colours) are usually pre-determined upon release of the lots but the first person on the block to buy can usually change the order, affecting everyone else. We did that with the new house we just bought a few months ago.

You can try with a lawyer and/or Tarion and see what your options are, but at the end of the day, if you're still interested in the non-preferred elevation, you can likely use this as a bargaining chip towards reducing a lot premium or getting more things thrown in (upgrade credits at the decor centre, usually). Where did you buy btw?

[loki]

The guys screwed up and offered something they couldn't, and tried to rectify it a day later.

Aren't people allowed to make mistakes any more?

If there's supposed to be a "pattern" to the houses you won't get the elevation you want because someone else has already taken it across the street.

The way I read this thread is, I thought I could get something, now I can't so what can I get for free to make up for it

You said yourself you probably won't walk away from the deal so in the end you'll probably just pick a different elevation

Not trying to rant at you I'm just tired of the customer entitlement that is North America

We get that you're obviously dissappointed that your preferred choice is unavailable and that trully does suck btw

[loki]

Have you given them any form of monetory deposit?

[loki]

Try to see it from the builder's point of view now. Or better yet imagine if you were the builder, what are you supposed to do now?

[SomeGuy]

The guys screwed up and offered something they couldn't, and tried to rectify it a day later.

Aren't people allowed to make mistakes any more?

If there's supposed to be a "pattern" to the houses you won't get the elevation you want because someone else has already taken it across the street.

The way I read this thread is, I thought I could get something, now I can't so what can I get for free to make up for it

You said yourself you probably won't walk away from the deal so in the end you'll probably just pick a different elevation

Not trying to rant at you I'm just tired of the customer entitlement that is North America

We get that you're obviously dissappointed that your preferred choice is unavailable and that trully does suck btw

I don't agree...what's the point of a legally binding contract if not to detail the terms of an agreement and ensure both parties stick to what they agreed to? The purchaser did not make any mistake (so far as we know) and it lies on the builder to rectify the situation.


Try to see it from the builder's point of view now. Or better yet imagine if you were the builder, what are you supposed to do now?

Make elevation D, change something ever so slightly from elevation C in a way the buyer would appreciate, and then let him have D.

[loki]

I'm not arguing about contracts, I'm saying move on. The only harm right now is a little dissapoinment

was it even a contract that was signed? That's why I am asking about a downpaymemt

[SomeGuy]

I'm not arguing about contracts, I'm saying move on. The only harm right now is a little dissapoinment

was it even a contract that was signed? That's why I am asking about a downpaymemt

If there wasn't a signed contract and such, then sure, he shouldn't be entitled to squat...but he said:


So yesterday I signed papers at the builders to purchase a specific house elevation c on a lot

...so one would assume the papers signed was the contract.

[loki]

If there wasn't a signed contract and such, then sure, he shouldn't be entitled to squat...but he said:



...so one would assume the papers signed was the contract.

so what is he going to get out of it other than something else for "free", he can't get the elevation he wants since it is already taken?


So what you want free appliances to make it all unicorns and rainbows?

[Flagrum_3]

This;


Contact Tarion to see what can be done. They're basically the OMVIC of home buyers, they protect purchasers from getting taken advantage of.

And this;


This happens a lot more often than you'd think, though it's really odd that this has happened so long after your agreement was signed. The elevations (and sometimes exterior colours) are usually pre-determined upon release of the lots but the first person on the block to buy can usually change the order, affecting everyone else. We did that with the new house we just bought a few months ago.

You can try with a lawyer and/or Tarion and see what your options are, but at the end of the day, if you're still interested in the non-preferred elevation, you can likely use this as a bargaining chip towards reducing a lot premium or getting more things thrown in (upgrade credits at the decor centre, usually). Where did you buy btw?

If it was a binding contract the builders have screwed up and should rectify the issue....I'd see a lawyer and try to get a premium lot discounted or just walk away.

_3

[loki]

If they totally flat out lied to you in the hopes that you won't walk away with an alternative elevation offered, then that's a different animal all together

Maybe there are some sneaky tactics going on here, who knows

[Soyabean]

Thank you all for your responses. I will try to get into contact with Tarion to see if they can do anything.

Like I dont expect any monetary compensation. I was just upset that we found the place, lined up for 5 hours to buy a house, got everything finalized and the next day receive a call to say that I cant have my elevation. Im just really more upset than anything. The only thing is elevation A has vinyl siding which I really dislike and pretty much if I wanted that lot (which I do, I can either choose another style or suck it up and take A). We are kinda leaning towards just sucking it up and taking A but would like to see if they can throw in anything. It doesnt hurt to try.

And Loki I did put down the deposit cheques that is required at the time of signing. Im just hoping Mattamy will give me something like a free upgrade as a sign of goodwill. If not, life moves on lol

[loki]

Thank you all for your responses. I will try to get into contact with Tarion to see if they can do anything.

Like I dont expect any monetary compensation. I was just upset that we found the place, lined up for 5 hours to buy a house, got everything finalized and the next day receive a call to say that I cant have my elevation. Im just really more upset than anything. The only thing is elevation A has vinyl siding which I really dislike and pretty much if I wanted that lot (which I do, I can either choose another style or suck it up and take A). We are kinda leaning towards just sucking it up and taking A but would like to see if they can throw in anything. It doesnt hurt to try.

And Loki I did put down the deposit cheques that is required at the time of signing. Im just hoping Mattamy will give me something like a free upgrade as a sign of goodwill. If not, life moves on lol

Once they didn't lie to you

If you think you were tricked, then I am all for destroying them

[loki]

Vinyl siding is great (if done right, and right colour)

I was in the suburbs on Sunday and thought in order to get a house to stand out you'd have to add siding

[Soyabean]

Once they didn't lie to you

If you think you were tricked, then I am all for destroying them

Lol. I dont think they intentionally lied to me. There were tons of people lining up to buy houses (like it was free) and they were probably busy and didnt check properly because the lots across from us were already sold 2 weeks ago. So this leads me to believe they would have had sufficient time to update their systems to let us know which houses could be built where. The girl only checked the houses that were purchased already on lots that were released on SAturday so she just messed up plain and simple.

For the vinyl siding, its hit and miss and subjective. Some people like em, some dont. I kinda got over it through my sleep becaue the vinyl was only on a little of the front of the house. Where Im having troubles is the side. Im hoping the side isnt vinyl because if it is, then i'll most likely just walk away from this deal and settle on another lot. Im going to try and see if I can get first dibs on the lots behind us that will be released later on in the future but still keep our pricing the same since they seem to jack up the prices 5-10k on every release.

[thanu31]

I would be pretty upset too. I know what we had to go through to get the elevation of our choice, and like you, I did not want vinyl siding.

Try your best to work something out with Mattamy, they screwed up and they should try to make things right with the customer. (Ask them to give you first priority if someone backs out from another elevation B)

[loki]

Lol. I dont think they intentionally lied to me. There were tons of people lining up to buy houses (like it was free) and they were probably busy and didnt check properly because the lots across from us were already sold 2 weeks ago. So this leads me to believe they would have had sufficient time to update their systems to let us know which houses could be built where. The girl only checked the houses that were purchased already on lots that were released on SAturday so she just messed up plain and simple.

For the vinyl siding, its hit and miss and subjective. Some people like em, some dont. I kinda got over it through my sleep becaue the vinyl was only on a little of the front of the house. Where Im having troubles is the side. Im hoping the side isnt vinyl because if it is, then i'll most likely just walk away from this deal and settle on another lot. Im going to try and see if I can get first dibs on the lots behind us that will be released later on in the future but still keep our pricing the same since they seem to jack up the prices 5-10k on every release.

ok good luck

[rajin929]

If you signed recently, please spend a few hundred bucks and have a lawyer review your agreement of purchase and sale. You should be getting 5-10 business days to get this done.

But for this instance, unfortunately there is nothing to fight on this.
Either accept it or back out of the deal. If you don't want the house, there's a bunch of people behind you that would gladly buy it.

Builders have built this shit deep deep into the fine print and can do a lot of things that majority of home buyers don't know of..

the builders can
- 'mirror' the floor plan without letting you know
- even though you may pick your 1st,2nd,3rd choice exterior colours when the time comes you could realize that based on the other colors on houses around you, they will put something totally different and a bunch
- depending on grade, would could be left without a bunch of stuff like a door from the garage to the house, etc.

there's a whole bunch more, many don't understand how the builder has you by the balls in many areas.

out of Curiousity, OP where did you end up buying???

[Soyabean]

I would be pretty upset too. I know what we had to go through to get the elevation of our choice, and like you, I did not want vinyl siding.

Try your best to work something out with Mattamy, they screwed up and they should try to make things right with the customer. (Ask them to give you first priority if someone backs out from another elevation B)

I think im pretty much SOL right now lol


ok good luck

Thank you


If you signed recently, please spend a few hundred bucks and have a lawyer review your agreement of purchase and sale. You should be getting 5-10 business days to get this done.

But for this instance, unfortunately there is nothing to fight on this.
Either accept it or back out of the deal. If you don't want the house, there's a bunch of people behind you that would gladly buy it.

Builders have built this shit deep deep into the fine print and can do a lot of things that majority of home buyers don't know of..

the builders can
- 'mirror' the floor plan without letting you know
- even though you may pick your 1st,2nd,3rd choice exterior colours when the time comes you could realize that based on the other colors on houses around you, they will put something totally different and a bunch
- depending on grade, would could be left without a bunch of stuff like a door from the garage to the house, etc.

there's a whole bunch more, many don't understand how the builder has you by the balls in many areas.

out of Curiousity, OP where did you end up buying???

I ended up buying at the mount pleasant in brampton. Any neighbours here if I go through with this deal? lol

[SilentJay]

You bought Mattamy? I wouldn't take siding from them, ever. One windy day and you'll see how many pieces of siding are floating around the development. Craptastic roofs, even worse siding.

You're not SOL, but your choices are diminishing as time ticks on. If you're not inclined to ask the builder for something in compensation for taking a home you did not agree to buy, which is essentially what is happening here, you can ask to be guaranteed a "spot" to pick another home in a subsequent development release.

There isn't a buyers remorse period for houses, but you do still have conditional on financing and lawyer approval. If you don't feel like you're getting the house you've selected and/or you're getting bullied into just taking it without fair recourse or compensation, lean on either of these two approvals to get you out.

[rajin929]

Soyabean I'm in your hood dude!!!

We currently live in the neighborhood just north of the sales office.
It's the original Mount Pleasant hood built 15 years ago lol.

I moved there in 2010, and we just bought a newer house just south of Creditview and Sandalwood. It's a mattamy home about 1 year old and backs onto the ravine, so we're excited about that. We close end of Sept.

if you have any questions about the area, don't hesitate to ask man!

we love it as my wife commutes downtown, having a house that you can walk to a GO Train station is priceless. (read that: crazy resale value)

p.s. theres a MPN facebook group if you haven't joined already, lots of good info and the people are very helpful!

[terapr0]

Hey Everyone,
Is there anything in the Agreement of Purchase and Sale that binds them to have to give this to me? Or give me some kind of compensation if I do decide to live with Elevation A? I am quite upset but they are giving me up until Thursday to think about it or I can walk away from this deal which I dont think I would do.
Thanks

you're the one holding the contract.....have a read and you tell us. There's no such thing as a "standard" sales agreement, so nobody will be able to offer specific advice regarding the exact document you signed. That being said, I'm sure you'll have some options. Try quickly sorting it out with the builder, but if the conversation isnt going as hoped, it might be worth contacting a lawyer. Act quickly.

[SomeGuy]

Vinyl siding sucks in comparison to proper brick (not veneer or "look" but actual bricks). The amount of noise that extra layer of brick blocks out is amazing, not to mention the insulation value it provides.

[SilentJay]

Vinyl siding sucks in comparison to proper brick (not veneer or "look" but actual bricks). The amount of noise that extra layer of brick blocks out is amazing, not to mention the insulation value it provides.

This x 1000.

[m_bisson]

People make mistakes....

I'm painting a building at the university of Waterloo right now. There are 3 small storage/closets that are part of the plan. One page says not to paint the ceiling (exposed metal deck). Another page says to paint it. A third page says it gets a fancy wooden slat ceiling. Which one do you follow?!

So yeah, mistakes happen ALL THE TIME in construction. You shouldn't be surprised, or feel like they've done something wrong. Figure out which of their options will make you happiest.

I'm guessing that for my situation at work, the university will likely ask that it's either painted, or that a t-bar ceiling is put in. Or, perhaps they'll opt for fancy wood ;)

[lcianf01]

Contact Tarion to see what can be done. They're basically the OMVIC of home buyers, they protect purchasers from getting taken advantage of.

Agreed this would be the most effective route.

[Soyabean]

Update: I called Tarion but they couldn't do anything as this was between the builder and myself. They pretty much told me that I'm not locked in and I could walk away from this deal and get my deposit back.

BUT after 10 minutes of talking to the builder, they call head office to see if they can release another lot early for me (not one that I would have wanted). When they called back they said that the architects at the head office calculated the distance between the same other house and mine and I barely made it outside of the radius so I'm good to get my elevation! With that said im super relieved and thankful. This just shows that if you dont try, you will never know what can happen :)

P.S. Rajinn I'll see you around the neighbourhood lol

[rktsci]

These are the joys of architectural control and new homes. Be mindful that you will most likely encounter this same issue when you have to select your exterior colours. Think carefully about your 1st, 2nd & 3rd options as it sounds like you will have constraints put on you because of the houses sold adjacent and across from you.

[Soyabean]

These are the joys of architectural control and new homes. Be mindful that you will most likely encounter this same issue when you have to select your exterior colours. Think carefully about your 1st, 2nd & 3rd options as it sounds like you will have constraints put on you because of the houses sold adjacent and across from you.

Mattamy sucks we can choose the color of the bricks lol

[rktsci]

^ But the brick colour can change the look of the house significantly! When I picked my exterior colours, there was a small sample of the brick on the board along with a number of other finish swatches. While I don't regret my colour selection, I would have probably selected differently if i could have seen a larger sample board.