Legal Question in Real Estate Law in Utah
Breach of Contract
I purchased a house under the representation and understanding that I would receive a six foot vinyl fence. The fence was not scheduled to be completed until after I closed on the house. Several months after I closed and moved into my home, the subcontractor began completion of my fence. However, unlike the provision in the contract specifying I would receive a six-foot vinyl fence, I received a 3 1/2 foot vinyl fence instead. I notified the contractor that the fence was not according to contract and the plans as agreed to in the pre-construction meetings. Our builder refuses to correct this. Does this constitute breach of contract and is the house plan (showing a 6 foot vinyl fence) sufficient to enforce under the statute of frauds provision in a court of law?
1 Answer from Attorneys
Re: Breach of Contract
If the provision for the vinyl fence was in writing you can easily enforce that in court. If it was not in writing, but you have some evidence that the agreement was for a 6 ft fence, or if you have a witness, that can also be enforced in court. This is not a statute of frauds case - the statute of frauds relates to requirements for contracts in writing and when oral evidence can be used.
If the value of the fence is $5000 or less you can go to small claims court.
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