Mr. Tan signed a contract to buy an apartment that has an area of 120m2 on the 12th floor of a 15-story building project invested by Ltd Company Vina Construction. When receiving the apartment, Mr. Tan was surprised to find out that it is on the 12B floor (Actually the 12B floor is the 13th floor) of a 19-story building. Mr. Tan complained to the investor about his apartment location in reality and required to move to the 12A floor or to the upper floor. Nonetheless, the investor disagrees and alleges that, according to the building numbering, Mr. Tan's apartment is still on the 12th floor. The apartment purchase and sale contract between Mr. Tan and Vina Construction did not specify it is on the 12A or 12B floor; thus, the company has the right to arrange this apartment on any 12th floor. Moreover, all usable areas and functions of the apartment on the 12B floor remain the same as described in the contract. Therefore, Mr. Tan has no right to complain to change the its’s location.
Mr. Tan is very angry with Vina Construction’s feedback and wants to seek legal help.
As Mr. Tan's lawyer, please advise Mr. Tan on the following issues:
1. Does Ltd company Vina Construction breach the contract signed with Mr. Tan? If so, what are the violations?
2. Which of the following ways Mr. Tan should choose to protect his rights: (1) Negotiate with Vina Construction on how to resolve the dispute, (2) Sue this company to court to ask for the exchange of the apartment location or demand the company to return the money he paid to buy the apartment? Give legal reasoning for your choice.

Question

27-04-2022
Law

contestada

Mr. Tan signed a contract to buy an apartment that has an area of 120m2 on the 12th floor of a 15-story building project invested by Ltd Company Vina Construction. When receiving the apartment, Mr. Tan was surprised to find out that it is on the 12B floor (Actually the 12B floor is the 13th floor) of a 19-story building. Mr. Tan complained to the investor about his apartment location in reality and required to move to the 12A floor or to the upper floor. Nonetheless, the investor disagrees and alleges that, according to the building numbering, Mr. Tan's apartment is still on the 12th floor. The apartment purchase and sale contract between Mr. Tan and Vina Construction did not specify it is on the 12A or 12B floor; thus, the company has the right to arrange this apartment on any 12th floor. Moreover, all usable areas and functions of the apartment on the 12B floor remain the same as described in the contract. Therefore, Mr. Tan has no right to complain to change the its’s location.
Mr. Tan is very angry with Vina Construction’s feedback and wants to seek legal help.
As Mr. Tan's lawyer, please advise Mr. Tan on the following issues:
1. Does Ltd company Vina Construction breach the contract signed with Mr. Tan? If so, what are the violations?
2. Which of the following ways Mr. Tan should choose to protect his rights: (1) Negotiate with Vina Construction on how to resolve the dispute, (2) Sue this company to court to ask for the exchange of the apartment location or demand the company to return the money he paid to buy the apartment? Give legal reasoning for your choice.

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jayilych4real jayilych4real · Answer 1 · 2022-04-30T11:29:51+02:00

Based on the original agreement made, regardless of the numbering, the apartment is on the 13th floor.

What is a Contract?

This refers to the legally binding agreement that is signed by two or more parties about a particular thing.

The violation which Vina Construction made in the original agreement was they did not mention that the 12th floor would be on the 13th floor, with different numbering.

The legal advice that I would give Mr. Tan about protecting his rights is that he should negotiate with Vina Construction on how to resolve the dispute.

This is because, going to court to seek redress would take a long time and an out of court settlement would be best if Mr Tan wants to quickly get his apartment.

Read more about legal contracts here:

https://brainly.com/question/8935110