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Re: Upgrade option refused to be honoured (by KC):

stephenc107 stated, quoted only in pertinent part:

>> The option to upgrade letter that Westgates gave me states that the upgrade is to a 4 bedroom every year instead of 2 bedroom every year.<< ======================================

My previous response to your inquiry presumed that this "upgrade letter" was sent to you SEPERATELY and AFTER your purchase contract was executed. If that assumption was correct, I stand solidly behind each and every word I offered in response to your inquiry.

However, the response offered by another poster makes a valid point **IF** (and ONLY if) this letter was actually presented to you as an integral part of (i.e., simultaneous with) the execution and signature of your purchase contract. If that was the case (I didn't get that sense from your post, but my assumption on the timing could well have been mistaken), then this "muddies up" the issue considerably regarding the enforceability of that letter.

So.....please clarify. Did you get this "upgrade letter" in the mail AFTER purchase, (as I had originally assumed) or was it actually presented to you, in hand, as an integral part of (i.e., at the same time as) the contract execution (and signature) process???

The distinction may well be critically important here........