Looking for Legal Advice

[qballjr13]

Hi everyone,
I am having an issue with a brand new house that I bought and I was hoping I could bounce some ideas off of a member that may have legal background.
Basically I bought a house with a two car garage under and on one side of the garage I cant even fit my wife's Honda Accord.

Can anyone help? I would rather discuss over private messaging especially if I may take this to court.

thanks!

 

[Colemanfu]

That sucks.

I guess you did not walk in and hit your head before you got the place?

Have you closed yet?

Good luck!

 

[techno]

When you say it can't fit the Accord, is that because the ceiling is too low or the garage is not wide enough or deep enough?
How is this a legal issue?

 

[Jeff Kleb]

1. Just how is this a "legal issue" at all? Is there a clause in the contract that incorrectly states the height or width of the garage?

2. Is it really a two-car garage or just an 'oversized' single car garage that may or may not squeeze in two cars?

3. Why is it only one side of the garage that is too small?

4. Have you considered lowering the Accord's suspension so that it may fit? (( JUST KIDDING ON THAT ONE!! ))


What, if any, advice or comments would you expect from an attorney on something such as this? Not trying to be a stick in the mud, but I don't see anything that stands out as something for which you may want to litigate.

Whatever happens, best of luck to you!!

 

[Uneek]

I think the underlying problem in this case is define "size" they're referring to for a car. Is it a sub-compact, compact or mid-size. I believe Accords from 1998 and newer are mid-size cars. If they're using standards of a car from the 70s or 80s, then maybe two Corollas is about all you can fit, if even that.

Maybe now with high energy costs, each new generation of redesign vehicles will stop growing. The current Civic is probably as big as the original Accord.

I've seen some brand new houses with two and three car garages. Two car garages are for two very small cars. If I stick the 4Runner in there, either I can't get out with another car side by side or it's just the 4Runner. One of the houses I've seen with a three car, the spaces are as small as an urban parking lot's compact car spaces.

 

[rook]

caveat emptor... perhaps a mod could put this in off-topic

 

[Thai]

1. Just how is this a "legal issue" at all? Is there a clause in the contract that incorrectly states the height or width of the garage?

2. Is it really a two-car garage or just an 'oversized' single car garage that may or may not squeeze in two cars?

3. Why is it only one side of the garage that is too small?

4. Have you considered lowering the Accord's suspension so that it may fit? (( JUST KIDDING ON THAT ONE!! ))


What, if any, advice or comments would you expect from an attorney on something such as this? Not trying to be a stick in the mud, but I don't see anything that stands out as something for which you may want to litigate.

Whatever happens, best of luck to you!!

What he said. I don't get it.

 

[qballjr13]

Alright, I know this is may be a tough sell. But I did post here because I am looking for open and honest discussion. Of course I am biased to my side but having people question me will only force me to present my case in a stronger light. I am working with a lawyer in my office but of course since I am not paying him I need to do all the leg work and he will be helping me with the legal wording of certain aspects.

Massachusetts has very strong consumer protection laws. This is going to be grounds for my argument. Let me stress ARGUEMENT. There is no legal action being taken here...yet. Massachusetts requires a "30-day demand letter" be written to try to resolve conflict prior to any legal action. This is the stage I am at. My basis will be strongly on the fact that the house was advertised as a "two car garage under". You are all correct that the definition of "car" may be disputed. I obviously have some more research to do but again I appreciate creative criticism.

 

[qballjr13]

1. Just how is this a "legal issue" at all? Is there a clause in the contract that incorrectly states the height or width of the garage?

2. Is it really a two-car garage or just an 'oversized' single car garage that may or may not squeeze in two cars?

3. Why is it only one side of the garage that is too small?

1. I tried to answer this above

2. yes, it is a real 2 car garage...advertised as "two car garage under". Two doors.

3. The garage is under the house, on one side of the garage the stair that lead from the basement up to the first floor bump into the garage. That is how one side is smaller than the other.

 

[Thai]

1. I tried to answer this above

2. yes, it is a real 2 car garage...advertised as "two car garage under". Two doors.

3. The garage is under the house, on one side of the garage the stair that lead from the basement up to the first floor bump into the garage. That is how one side is smaller than the other.

Ahhh...ok...that makes more sense. Is this a new home?? Or a used one?? If new, then can the builder fix this??

 

[charlier180]

I too am not trying to be a stick in the mud however....

One would have to wonder upon whom does the burden rest as far as the suitablility of the garage?
Is it the seller's responsibility to make sure that the size of the garages fit the needs of the buyer or does that burden fall on the buyer in the eyes of the law???

One also has to wonder if a judge or a lawyer for the opposition will ask the buyer WHY, they did not MEASURE the garages or other parts of the house to INSURE it met their NEEDS? Especially, if there was any doubt in the buyer's mind after seeing the garages in question during a tour and then again during the final walk through before settlement.

I guess it is just me that when I am making a major purchase (like a home) I check, double check and triple check things that could be a source of concern or a problem for me as part of the process. It is a LOT easier to address a situation before it becomes an issue than after.

Good Luck to the original poster.

 

[Kmvreter]

...
2. yes, it is a real 2 car garage...advertised as "two car garage under". Two doors.

3. The garage is under the house, on one side of the garage the stair that lead from the basement up to the first floor bump into the garage. That is how one side is smaller than the other.

A few points to possibly help in your leg work, from a construction, not legal, point of view.

(1) The definition of a "car" doesn't matter because there is a definition for a garage. In our jurisdiction a garage has to meet certain (Ontario) building code requirements, particularly for minimum size to park a vehicle. This is the clear room to fit a vehicle, not just floor dimensions. Check your state/local (MA?) code and get out the tape measure. Be careful that you use the dimensions specified in the code in effect at the time of plan approval (things change over time.)

(2) Is this a new home? If so, did they build it to plan? Did you signoff on the plan and miss the fact that the stair interfered? Still, see if the above point (1) is an out for you because the plan may violate code and this is the city and builders issue. This could also be an issue even if it is an older home because it is not up to code (i.e. if the stair was added after the fact.)

(3) New or old, did you get a 3rd party building inspection signoff? What did they say about the garage? Does it meet code or did they overlook it? Maybe you can fall back on that inspection.

There may also be other ways to look at this that I'm not thinking of right now. The code items can help lead to legal issues if there are violations that weren't rectified before a permit to occupy (final approval) was given.

 

[alaskaman]

My. I have never heard of this. The fact a regular sized car will not fit clearly indicates a flaw in design or construction or both. as such it can be litigated. Send your required letter and request options to solve the issue. Wait. Find a couple attorneys who will give you free advice.

parkerstandbuy.com is a monthly payment option for attorneys. very good, very professional and handy in a pinch.

no pun intended.

good luck!

 

[alaskaman]

Link to pre paid legal

http://www.parkstan.com/pre.html