If I understand your email well, it was not necessary for your company to make any kind of sale and purchase agreement at all if the conditions in the contract could be changed unilaterally at anytime by either party. I believe my client received your letter in France but it doesn't mean he accepted your unilateral change(s).
Although your company encountered extensive delays to deliver the project, H Condo is still not ready to this date and several units remain as bare-shell. This is going to create obvious disturbances to the owners and tenants in the near future.
Now, regarding the unit Mr. Bardon purchased (1906H2-4), there's a number of discrepancies between the technical specifications attached to the contract and what was presented to my client at the time of purchase. Please be aware that the unit was presented to my client as "fully completed" when he inspected it on the 6th of June 2015.
(1) In the living room, the bay windows as presented in the showroom are much taller than in the actual unit. This makes a considerable difference for my client. The technical specifications which were attached to the contract do not specify any dimensions for the bay windows so that the buyers were left to assume they would be identical to the showroom and in the marketing material provided.(*) And even in the case the dimensions of the bay windows were indicated in the contract or attachments, no one would expect the developer to use a large size for his own showroom unless he expected to intentionally deceive his clients.
(2) The overlapping ceiling has a nice dimension in the showroom whereas it is much shorter in the actual unit. The effect is completely different and again, the absence of dimensions in the attached specifications leaves the buyers to assume they would be identical.(*)
(3) The layout of the kitchen doesn't match that of the floor plan. For instance, the refrigerator which was positioned in the middle of the section in the showroom is now openly in the living room which is not nice at all. Besides, one section is missing. You didn't follow the floor plan.
(4) The cabinet at the entrance doesn't match that of the floor plan. It should occupy the entire space at the entrance and for some awkward reason, there's an entire section missing.
(5) The bathroom window is completely different from that of the showroom and at no point it was notified to my client that it would be like this. The effect is of course completely different and it doesn't match at all the standard of a "luxury residence" as advertised by the developer in his brochures, website and showroom. This is absolutely unacceptable to my client.
(6) This bathtub model is wrong. The evacuation and water tap should be on the right side, not the left side as seen on actual pictures.
(7) The walls in the entire apartment are covered with a pink wall paper which looks absolutely horrible. The walls were supposed to be finished with a "Light-Weigh Brick and Light Cream Color Painting". What is this wall paper hiding?
(8) The counter top in the kitchen was supposed to be a Dupont or equivalent. What brand did you use? The model you installed is completely scratched already and will never sustain daily use as kitchen counter as the quality is considerably lower than what was promised to my client. It is very common for developers to name the brands they intend to use but if you leave your clients with high expectations, then you should take your own responsibilities when your clients feel like they are not getting that quality.
I attached to this email the major discrepancies we noticed during the inspection. Please look at it carefully. I will also send you all the pictures I took of the defects during the inspection so we can all discuss of these topics with the same information on hand. I believe you will now understand the motivations of my client in refusing delivery of the condo unit in the present conditions.
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(*) Reminder from the Condominium Act, (No. 4), B. E. 2551 (2008)
Section 5
The following provisions shall be added as Section 6/1 and Section 6/2 of Condominium Act, B. E. 2522:
“Section 6/1
In the case of a person with a freehold in the land and building in accordance with Section 6 has made the advertisements to sell the units in the condominium, such person must keep in his office copies of the advertising contents or pictures or letters of induction advertised to the general public regardless of in whichever the forms until all units are sold out and, in addition, at least, one set of copies of such documents must be forwarded to the condominium corporate for retention, as well.
Regarding the advertisements on the sales of the units in the condominium on the part relating to the evidences and details set forth under Section 6, the advertising contents and pictures must be identically corresponding to the evidences and details submitted along with the application for registration and must clearly indicate the details relating to common properties apart from being provided under Section 15.
The advertising contents and pictures or letters of induction shall be deemed to be an integral part of the Agreement to Sell a Unit or the Contract of Sale of a Unit, as the case may be. Should the meaning of any contents or pictures be contradictory to or inconsistent with the contents in the Agreement to Sell a Unit or the Contract of Sale of a Unit, the construction thereon shall be made in a manner advantageous to the party to buy or the party buying the unit.
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My client believes that the property has not been built in a manner advantageous to him as per the above extract of the Condominium Act. Mr. Bardon is expecting a clear response from your company regarding the above list of defects and also regarding the activation of section 7.3 of your Sale and Purchase Agreement which can help resolve the matter in a quick and friendly manner.
I look forward to your urgent reply.
Regards,