Hi, I want to buy a house that's being built. I signed a contract with an incorrect address, the name of the street is correct but the builder entered an incorrect number for the address. I pointed it out to him about 2 weeks later, he did nothing. When I went in for design services and pointed it out to the designer and asked her to change it she said she'd get with the salesman. Now, I'd like to make some changes to the house, the foundation hasn't been poured yet, and the builder is refusing. I'd like to get out of the contract, can I use the 'wrong address' to void the contract and get my deposit back?

Texan

Hello Texan:

I think your contract needs to be accurate. Of course, the devil is in the details of your contract. You can certainly use that as grounds to void your contract, but I wouldn't expect the builder to roll over and give you your deposit back without a fight.

You may have to sue him to get your deposit. Of course, depending on HIS situation, he might sue you for breach. I don't know how a judge would see it.

excon

Is there a property discription besides the contract street address?

Because your contract is for the property listed, so if it says 303 and you want 330 your contract is for 303, not 330. So in general, yes this is a big issue.

A street address is only one way to identify a property. The legal definition usually refers to section, block and lot numbers. If those numbers are correct they matter more than a street address, especially in a new development.

Street addresses are essentially "working" addresses until the housing project is completed. The real address is essentially what is on the deed to the property, i.e. lot 56 of the such and such land division. Look at your contract and see what is listed after the street address.

[QUOTE=Texan]Hi, I want to buy a house that's being built. I signed a contract with an incorrect address, the name of the street is correct but the builder entered an incorrect number for the address. I pointed it out to him about 2 weeks later, he did nothing. When I went in for design services and pointed it out to the designer and asked her to change it she said she'd get with the salesman. Now, I'd like to make some changes to the house, the foundation hasn't been poured yet, and the builder is refusing. I'd like to get out of the contract, can I use the 'wrong address' to void the contract and get my deposit back?



My thought would be you signed the contract knowing the address was wrong, after bringing it to the attention of the builder who did not make the correction; you mentioned it again 2 weeks later but went forward although nothing was done; same thing with the discussion with the designer. In my eyes you signed the contract once and validated it at least twice.

I don't think you can claim an "error" which was so inconsequential that you were willing to sign the Contract without a correction can now be used to void that same contract on the basis of that very same "error."

The builder's argument could be you that would not sign a contract with an incorrect amount because that would be a substantial, important error in your eyes; you signed this contract, despite the incorrect address, therefore, it was not a substantial, important error.

And Scott has answered the property description end of things.

[QUOTE=JudyKayTee I don't think you can claim an "error" which was so inconsequential that you were willing to sign the Contract without a correction can now be used to void that same contract on the basis of that very same "error."


I wrote this and it makes no sense even to me. Let me try again:

I don't think you can claim an "error" which was so inconsequential that you were willing to sign the Contract without correction is now so substantial that you can void that very same contract on the basis of that very same "error."

Ok - somewhat better!