What are my rights if I purchased an on-plan office unit from a developer and paid 50% of the price but upon completion the developer changed the office’s floor plan and removed a large portion of a glass facade?

Do I have the right to get my initial investment back?

Asked on September 14, 2015 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If the floor plan and facade was part of the contract, then if the developer changed the plan and removed the facade, the developer is breach of contract. That breach may allow you recover your initial investment and/or seek other compensation. They would also be in breach by not going to arbitration, as the contract requires. Your recourse is to bring a legal action for breach of contract. You would sue for recovery of your investment, but be prepared that the court may order you and the developer to go to arbitration to resolve the matter.


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