Legal Question in Real Estate Law in Wisconsin

condo development sales contract

Two years ago we entered into a purchase contract for a condo in

a not yet built 58 unit bldg. Our contract had a packet of vague

finishing specs. I didn't like some of the specs, like the quality of

the carpet. The developer assured us we would be able to

upgrade these specs as the project developed.

The building is now up and they are starting interior finishing. The

developer we worked with has been demoted from broker and

seller's representative to architect only by his co-developers. They

now tell us that our finishing options are: 1. We can have what is

specified in our contract with no opportunity to upgrade

ANYTHING, or 2. we can change to a different set of finishing

specs that have standard and upgraded choices. The additional

cost for #2 would be $131,000. (Our original sales price was

$350,000).

This seems preposterous to us. We will not/cannot pay an extra

$131,000. We believe we should be able to upgrade the carpet,

bathroom tile and cabinetry doors with individual pricing for those

items, but they say they will not permit this. They have offered to

let us out of the deal, but we don't want out. We want our unit for

the price we contracted for. Options?


Asked on 3/20/05, 5:40 pm

1 Answer from Attorneys
Jason Greller Attorney Jason A Greller - Real Estate Lawyer, SC

Re: condo development sales contract

I suspect you are talking about the Marina. Yes, it appears as though Mr. Peters pre-sold some units "too cheaply" in the minds of the current interest holders. This is their way of trying to exact what they perceive to be fair market value. The answer to your question, since this is a contract question, will be within your contract docs. However, I fear that you might be in a little bit of a trickbag even if the contract specifically allows for individual pricing on upgrades. Please feel free to contact me to discuss this matter further. You may reach me at 608 255 2560. Thanks. Jason.

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Answered on 3/21/05, 11:38 am


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