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Old 2014-02-12, 03:49 PM
snowdance snowdance is offline
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Default What you can do when den dimension different from sale brochure

In the middle of January, 2014, we bought 2 storey townhouse at Milton from Mattamy Homes, the townhouse is hawthorne village Phase 3, townhouse model is Springvale elevation E.

Two weeks later we went to Mattamy design center, by surprise we found actual DEN layout of my townhouse from design book is much smaller than layout from Mattamy sale brochure. From Mattamy sale brochure DEN dimension 9’0” X 9’10”, but dimension from design book is 9’0” X 8’5”, this means real dimension for our DEN will be 17 inches less than we originally purchased.

We went to sale office, the sale agent stated dimension in brochure is elevation F, our townhouse is elevation E, elevation causes 17 inches difference. Brochure does mention layout is for elevation F, but nowhere to mention elevation E is in such huge difference from elevation F, and Mattamy only have floor plan for elevation F, no floor plan for other elevations at all, and sale office never informed us elevation E will be in such discrepancy.

We escalated to Mattamy customer care, and tried to terminate the deal or look for compensation, but Mattamy refused to terminate or any compensation, their response is floor plans and room dimensions may vary according to elevation.

As a consumer, sale brochure was only information Mattamy provided during selling process, different Elevation could have minor different dimension as per industry stadard, but can 17 inches difference be covered by elevation difference according to Mattamy explaination?

Our buying decision were misled by brochure dimension at the time because DEN layout is looking pretty spacious in brochure.

Mattamy didn't have floor plan for each individual elevation, and didn't inform big difference between elevations, how consumer know what they are exactly buying from Mattamy.

When this happens, what is consumer's option to regulate builder to keep promise and do business honestly.


Anyone, any idea what we can do?

Last edited by snowdance; 2014-02-18 at 05:55 PM. Reason: detailing
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Old 2014-02-12, 08:58 PM
LB1 LB1 is offline
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I suggest you consult a lawyer who specializes in new build transactions to review what is actually in your Purchase Agreement plus examine what other brochures they have given you. If they have misled you, them having legal representation will help in dealing with the builder. Good luck!
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Old 2014-02-12, 10:51 PM
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At the end of your purchase agreement, there should be a drawing of the elevation and the floorplan that you purchased. If that is not elevation E that you purchased then you can first discuss this with them and then consult a lawyer. If the floorplan drawing in your agreement is elevation E then its just a matter of them not taking the time to explain and you being too overwhelmed by the process, skipped to have a closer look at that time.
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Old 2014-02-12, 11:49 PM
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GregS GregS is offline
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If you have a problem with your purchase, you talk to your builder, Tarion and your lawyer.

It states that right at the top of the box you typed your message into.

You did use a lawyer to review your purchase agreement, right? Talk to that one.
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Old 2014-02-13, 05:39 PM
snowdance snowdance is offline
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Default Thanks for everyone's help, here is update and ending.

Yesterday received email from Mattamy, they provided offer to release us from the purchase as a gesture of good will, today we visited sale centre to sign paperwork to terminate the deal.
Special thanks to Toronto Star and tarion which helped us during the journey, and more especially for Toronto Star acting as respectful company to go extra mile for city resident.
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Old 2014-02-13, 05:53 PM
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Good you got peace of mind. How did toronto star help you? if you dont mind me asking ...
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Old 2014-02-13, 10:39 PM
WellThatsLovely WellThatsLovely is offline
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I mean this in the most respectful way possible, and not trying to be insulting, but if you were surprised by that, purchasing a pre-construction home is not for you. That's just the tip of the iceberg with new homes. If you're expecting a brand-new, shiny home without defects, exactly as the drawings set out, you're going to be very disappointed and are better off buying a resale home or an inventory home that you can inspect before buying. Most builders are in the business of making money, not trying to make their buyers happy homeowners. If you were expecting the house to be to specifications, you would have been really disappointed on closing day to find out the house is nowhere near the square footage it was advertised as. Tarion actually allows a certain deviation and of course builders take advantage.
If you want to deal with a good builder who still cares about customer service, you have to go to a small builder. Most big builders in the GTA today either inherited the company from their father and don't give a flying %#$& about their customers or don't even know how to swing a hammer but can pay someone else to.
Part of the reason pre-construction homes are significantly cheaper than resale is because a lot of people don't want to deal with the builder's nonsense like this.
Also, you can't really find a lot of people to take interest in situations like this because they refuse to admit that their home is defective because they want to protect their "property value" and the other half of people fall in love with a paint color and are willing to overlook every other negative aspect of the builder.
People are sheep and they'll buy what they're given at whatever price is listed. Take a look at some other homes down south built by the same builder... They're built to a way higher standard, pre finished with beautiful finishes. Here they can get away with making people wait in their cars for 2 days as if they were selling water in Africa, to purchase a drawing of a house which may or may not resemble what they get a year later.
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