Ask a real estate pro: Can we force developer to put in area to walk dogs?
Q: We, along with others in our new construction condo, were all told there would be a dog-walk area. There was none when we moved, and there are no plans for one. The dog-walk area was not specified in our purchase agreement, but we were all informed verbally of the same information. Our building states it is dog-friendly in the contract. Do we have any legal recourse? — Catherine
A: While you do have some options, they are limited because the developer’s promise that a dog-walk area was not included in the written agreement.
The “statute of frauds” is a legal doctrine designed to protect individuals from dishonest behavior by requiring certain agreements, including those related to the purchase of real estate, to be in writing.
Worse yet, almost all real estate contracts will have an “integration clause” that explicitly states that each party’s obligations are confined to those documented in the agreement and that it supersedes all prior agreements leading up to the final, signed contract.