I have no other amenities (i.e. no walk-out, no walk-up, no side addition, not even one daylight window) that could be attributable to such a premium. I now do not have privacy. So why, Mr. Toll, did I pay $70,500 over and above the contract price of my home? Why did my neighbors pay premiums to also back up to these monstrous condominium clusters?
Yes. Toll owns the land and can do what they wish. I do not own the land and have no say in how it is developed. But, don't willfully and illegally misrepresent the purported usage of the neighboring property.
Toll's apt Sales Managers stated point blank that nothing would be built behind my home as the lot backed up to protected woodlands and wetlands. They went further to say that units were once proposed for that area, but were denied by the City because they infringed on protected woodlands and wetlands. The Sales Manager went the additional lengths of crossing out the three units depicted on the one and only Preliminary Site Plan and then giving it to me for my records. Thereafter, they would point to the FINAL Site Plan in the Sales Model, with their reassuring smiles and say, see the condos are gone. This was not merely a promise that nothing would be built behind my home. This was a well devised calculated tale that unmistakenly misled all prospective home buyers.
The Michigan Department of Labor and Economic Growth requires representations to be truthful, not concocted.
559.107 Advertising, sales material, and other representations.
Rule 107. (1) Advertising, sales material, and oral representations shall be truthful and accurate and designed to fully inform the public about the project. Such materials shall not be presented in such a way as to create a false impression about the nature, status, quality, or cost of a proposed condominium project or its location. History: 1954 ACS 100, Eff. July 31, 1979; 1979 AC.
These representations were further substantiated by written data. Why would Toll place a FINAL site plan in their sales office for four years that specifically excluded these monstrous condominium clusters? To mislead prospective purchasers.
Why would Toll provide a Site Plan to the City that is stamped and recorded FINAL which excluded these clusters and included every other parcel, including those Toll decided not to improve on? So that a prospective purchaser would go to the City to confirm the representations made by Toll representatives and the marketing data displayed in the Sales Model? A prospective purchaser would believe at this point that yes, Toll is disclosing the truth.
But, that is not all. Toll went the additional lengths to record a Master Deed that clearly shows that the land in question is UNPLATTED. The Master Deed and all amendments to date reflect the land as UNPLATTED, and not reserved for future expansion.
All representations made by Toll exclude the units in question, including, but not limited to, the Final Site Plan and Master Deed; Exhibits which are wholly integrated into my contract (to be expanded on later).
Toll willfully and illegally omitted these units from every document before, during and after I entered my contract with Toll.
Why? To secure my signature on a contract and to collect my $70,500. To also create a false sense of demand. It was imperitive that I hurry in and select this premier lot before anyone else did. All the while, only Toll knew they were unloading their most undesireable lots first.
There was no way to uncover the truth about the condominium clusters and Toll's plan to construct them 4 years later given the erroneous data they alone put out there.
Typically, when you don't get what you pay for, you are given a refund. When you purchase a Porsche and are delivered a Toyota, you don't take delivery on the Toyota, you demand the Porsche or a full refund.
This is no different.