Legal Question in Real Estate Law in Colorado

Builder said it would be a townhome

The contractor who built our home told us our unit was a townhome all the way up until it was appraised. It was then considered a condo. This caused a big delay and we were charged construction loan interest by the contractor, as we had to start all over in the loan process. Was the builder wrong in lying to us? And do we need to compisate him because of this?


Asked on 11/05/06, 11:38 am

1 Answer from Attorneys

Robert Murillo Pivotal Legal Ltd.

Re: Builder said it would be a townhouse

Hello,

Your rights really depend on the terms of your agreement with the contractor. I assume you had some written agreement and if this townhouse designation was critical for financing it should have been a condition or representation by the contractor. Review the agreement and see if that is provided. If it was a condition to the contract, you may have some rights to claim damages or other remedies. It really depends on the terms that would need to be reviewed.

If there is no written agreement, it will be considerably more difficult to hold the contractor liable for this issue.

Review carefully and consider talking to a construction attorney. Good luck.

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Answered on 11/07/06, 5:57 pm


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