Q: We were told there was a dog walking area along with others in the new construction condo. When we moved there was nothing and there was no plan for it. The dog walk area was not specified in the purchase agreement, but we were all informed of the same information verbally. Our buildings say they are dog-friendly in their contracts. Is there a legal measure? – Catherine
A: There are several options, but they are limited as the developer’s promises for the dog walk area were not included in the written agreement.
“Fraud Laws” are legal doctrines designed to protect individuals from unfair behavior by requiring in writing certain contracts, including those related to the purchase of real estate.
Worse, almost all real estate contracts have a “integration clause” that replaces all previous agreements leading up to the obligations of each party to the obligations stated in the contract.
That said, there may be some leverage in the fact that the building was promised to be dog-friendly, as dogs require certain amenities, such as dog walking areas.
However, it’s a bit helpful, as it means “dog-friendly” and means that the dog is allowed, especially since it means there are amenities for them.
The dog walk area is only discussed during negotiations and is not included in the actual purchase agreement, so there is limited legal reliance on developers.
That doesn’t mean you don’t have options.
After all, this is your new community and if you want this amenity, you may still be able to get it.
First, we will appeal to the goodwill and customer service of the developer. They have a business of building a home for happy customers and treating customers well is a good business. They approach them as a group and ask them to take them to the dog walk they have promised. They may surprise you.
Otherwise, the developer will ultimately hand over the community to its residents.
If you don’t have this amenity yet and the majority of you still want it, there shouldn’t be anything to stop you and your neighbors from making it happen.
Gary M. Singer is a Florida lawyer and is accredited the board as a real estate law expert by the Florida Bar. He practices real estate, business litigation and contract law from his office at sunrise. He is the chairman of the Broward County Bar Association’s Real Estate Division and co-hosts legal news and reviews for weekly radio shows. He frequently consults with a variety of businesses across the country about common real estate issues and trends in Florida. Submit your questions online at sunsentinel.com/askpro or follow us at x @garysingerlaw.
