#VerityAnswers – Can a Developer Make Changes to My Floorplan or Finishes Without My Consent?
Yes. The developer is within their right to make changes to your floor plan and to your finishes, without your consent, provided it isn’t considered a ‘material’ change. I’m sure that ‘material change’ is open to interpretation and there are guidelines that need to be adhered to through Tarion and the Ontario New Home Buyer Act but at minimum, most contracts have a stipulation that any finishes the developer substitutes are of equal or greater value.
You can expect small changes to your floor plan and they won’t likely be noticeable. When I’ve seen buyers complain to developers about their units, I’ve seen developers offer to rectify the situation by taking the unit back and giving the owner their money back. This isn’t usually a good option because if the home has increased in value, they aren’t giving you the funds and profit back but rather just taking the unit back to ‘appease’ you and sell it to someone else for more money.
Bottom line is you have to expect that there will be some changes and substitutions to finishes from what you were originally offered. Materials are discontinued and things change but as I’ve said before, I may not agree with it but these are the risks you have to be prepared to assume if you want to buy a new construction unit.