What can I do if I signed a contract under misrepresentation from the homebuilder’s sales representative?

We were told that they could build the same model house next to ours but they could not have the same color siding, stone, or shutters as our house and it had to be a different elevation. The builder just built the same model home next to ours and it has a slightly different elevation, the exact same color stone, and shutters, and the siding is the same color but a slightly lighter shade of the color of our home. The house looks exactly like our house. Does this affect the value of our home and is there anything we can do after signing the contract under their misrepresentations?

Asked on June 7, 2012 under Real Estate Law, Ohio


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Generally speaking, misrepresentation is a defense to the breach of a contract between parties. Misrepresentation is a false statement about a material fact relied on by a party to the contract. So the courts must determine if it is a material misrepresentation. Was it part of the basis of the contract?  You say here that "you were told" the information.  Is it written in the contract?  The effect it will have on your house value is best asked to a local realtor.  And please have an attorney review your contract before you attempt to rescind. Good luck.

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