Legal Question in Real Estate Law in Virginia

new home false advertising

I'm interested in buying a new house. The builder provided a list of standard features. One of them being ''energy efficient'' windows. I contacted the window manufacturer and they stated that their windows were not energy efficient. I informed the builder of this and they stated (in so many words) ''..too bad, take what we offer or leave it''. My questions are: Is there anything we can do to get energy efficient windows? Is this considered false advertising by the builder (since it was listed as part of their standard features)? How can I get the builder to comply with what they have stated (in writing) to us?


Asked on 10/17/03, 2:44 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: new home false advertising

If what the builder offered in terms of the windows was false, misleading, or deceptive advertising, this could be a violation of the

Virginia Consumer Protection Act found in Title 59 of the Virginia Code. If the violation was determined to be willful, the plaintiff couild be entitled to treble damages as well as attorney fees.

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Answered on 10/17/03, 9:01 pm


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