Pre-contracts, such as purchase or financing offers, usually provide accurate information; if one of the parties wants to unilaterally advance or postpone it, the court may step in to set things straight.
When an individual wants to purchase a property, does the offer to purchase have to mention, in addition to the cadastral designation, the size of the property?
A real estate developer builds condominiums with the intention of selling them. The advertisements mention their size without indicating that it also includes a percentage of the common areas. After a few months, the buyers discover that the size of the condominiums is significantly smaller than what had been represented to them. Instead of 1220 square feet, they measure 1020 square feet, a difference of 200 square feet.
The buyers go to court* and request a reduction in price corresponding to the missing area. The seller refuses to reimburse them, arguing that the buyers bought without considering the size since no specific area is explicitly indicated in the sales agreement. The court, referring to the purchase offers where the size is expressly indicated, refutes the seller's arguments and sides with the buyers. "The complete contract between the immediate parties can, depending on the circumstances, be found in both the subsequent deed and the previous conditions."
Pre-contracts, such as offers to purchase or finance, normally provide accurate information; if one party wants to unilaterally advance or postpone it, the court may take care of setting things straight.
*CA 200-009-001697-975
