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  #1  
Old 2009-08-18, 01:12 PM
AlisonF4i AlisonF4i is offline
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Default Need advice - what constitutes a "major change"?

Hello all,

I have contacted the builder, my lawyer, and Tarion regarding an issue we are having with our new home. Our front entrance was MAJORLY changed from the original floor plan (and not changed in a good way). Each person I have contacted refers me to someone else, for example, lawyer says talk to Tarion...Tarion says talk to builder, builder says talk to Tarion, etc.

What constitutes an unauthorized substitution (not regarding material choice), or a major change from original floor plan? I can't seem to get a straight answer from anyone and can't find information to base my argument upon.

It is evidently a poor planning/measurement problem. The front entrance does not even closely resemble the floor plan. It is now basically unusable because of this error.

Any advice would be very helpful.
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  #2  
Old 2009-08-18, 01:42 PM
homie27 homie27 is offline
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can you show us pictures of how it is now and a scan of the elevation in the floor plan? its hard to answer without seeing the difference.

Quote:
Originally Posted by AlisonF4i View Post
Hello all,

I have contacted the builder, my lawyer, and Tarion regarding an issue we are having with our new home. Our front entrance was MAJORLY changed from the original floor plan (and not changed in a good way). Each person I have contacted refers me to someone else, for example, lawyer says talk to Tarion...Tarion says talk to builder, builder says talk to Tarion, etc.

What constitutes an unauthorized substitution (not regarding material choice), or a major change from original floor plan? I can't seem to get a straight answer from anyone and can't find information to base my argument upon.

It is evidently a poor planning/measurement problem. The front entrance does not even closely resemble the floor plan. It is now basically unusable because of this error.

Any advice would be very helpful.
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  #3  
Old 2009-08-18, 02:13 PM
AlisonF4i AlisonF4i is offline
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I do not have photos, but can take some. Basically, the problem is that the space is MUCH smaller. So small that you cannot open up the door unless you are standing ON the stairs (inside). Once you open the door, there is about 2" clearance from the door to the first step leading up the stairs. There is about 1/2 foot on either side of the door (wall).

The original design had a much larger space, with stairs and a landing. The landing would have the closet. However, the have made the area much smaller to compensate for poor measurements. We do have a closet; however, it is near our garage entrance stairs (complete opposite side). Our garage is on basement/ground level. Now, the landing and closet is for the garage entrance only (basement).

It is causing a serious problem. When you use the front entrance, you have to "move along" up the stairs in order to close the door. For example, when family or friends come over, they must all go up the stairs in order for the door to close. You cannot close the door properly if you are standing on the tiled area of the front door. In summary, the tiled area is basically a bit larger (2" or so) than the width of the front entrance door. Carpeted stairs begin right away to go upstairs.

We do not use our front door because of these problems. The builder says to refer to the agreement and that they are allowed to make structural changes to the floor plans without my authorization. I do not agree.

Help! We are almost at our 1 year mark (warranty) and I feel like I am nowhere close to having this resolved.
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  #4  
Old 2009-08-18, 02:40 PM
realtycoon realtycoon is offline
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Quote:
Originally Posted by AlisonF4i View Post
I do not have photos, but can take some. Basically, the problem is that the space is MUCH smaller. So small that you cannot open up the door unless you are standing ON the stairs (inside). Once you open the door, there is about 2" clearance from the door to the first step leading up the stairs. There is about 1/2 foot on either side of the door (wall).

The original design had a much larger space, with stairs and a landing. The landing would have the closet. However, the have made the area much smaller to compensate for poor measurements. We do have a closet; however, it is near our garage entrance stairs (complete opposite side). Our garage is on basement/ground level. Now, the landing and closet is for the garage entrance only (basement).

It is causing a serious problem. When you use the front entrance, you have to "move along" up the stairs in order to close the door. For example, when family or friends come over, they must all go up the stairs in order for the door to close. You cannot close the door properly if you are standing on the tiled area of the front door. In summary, the tiled area is basically a bit larger (2" or so) than the width of the front entrance door. Carpeted stairs begin right away to go upstairs.

We do not use our front door because of these problems. The builder says to refer to the agreement and that they are allowed to make structural changes to the floor plans without my authorization. I do not agree.

Help! We are almost at our 1 year mark (warranty) and I feel like I am nowhere close to having this resolved.
What I would do, seeing that you are in the middle of the run around with the Builder and Tarion is to find a good lawyer who has extensive experience with new homes and go from there.

Also, who is the builder. That would be something many here would like to know.
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  #5  
Old 2009-08-18, 02:52 PM
homie27 homie27 is offline
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is there a floor plan of how it should be on the builder's site? what's the builder's name, which site and which house?
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  #6  
Old 2009-08-18, 03:09 PM
panda panda is offline
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Usually there is a clause that they can only change the measurements by a certain %. What were the measurements on the floorplan vs the actual measurements?.

Its probably harder to prove using the major change clause becuase that seems subjective, but using the measurments is hard numbers which is much easier to dispute, cause the numbers show if its acceptable or not.
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  #7  
Old 2009-08-18, 03:31 PM
homie27 homie27 is offline
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isn't it a certain percentage of the whole house together?
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  #8  
Old 2009-08-18, 04:41 PM
oakvillehomeowner oakvillehomeowner is offline
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Quote:
Originally Posted by realtycoon View Post
What I would do, seeing that you are in the middle of the run around with the Builder and Tarion is to find a good lawyer who has extensive experience with new homes and go from there.

^ what he said. if your lawyer is saying call tarion, then get a new lawyer.
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  #9  
Old 2009-08-18, 09:07 PM
panda panda is offline
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Quote:
Originally Posted by homie27 View Post
isn't it a certain percentage of the whole house together?
I recently took my sister to my lawyer for her home purchase and hers was specified as a percentage of the room dimensions, not the place as a whole. I can't remeber mine, we purchased nearly a year ago, I would have to look it up.
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  #10  
Old 2009-08-19, 09:13 AM
homie27 homie27 is offline
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interesting. i didn't really read that part, my lawyer did and told us its 5%. but i don't think she said whether is the whole house or each room. i'll look again when I remember. but 5% sounds pretty high. my current house is 2% and that was 9 years ago. what percentage is yours?

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Originally Posted by panda View Post
I recently took my sister to my lawyer for her home purchase and hers was specified as a percentage of the room dimensions, not the place as a whole. I can't remeber mine, we purchased nearly a year ago, I would have to look it up.
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