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.

That said, there may be some leverage in the fact that the building was promised to be dog-friendly, as dogs will require certain amenities, such as a dog-walk area.

However, it will only help a little because ‘dog-friendly’ typically means that dogs are allowed, not that there will be amenities specifically for them.

Since the dog-walk area was only discussed during the negotiation and not included in the actual purchase agreement, you have limited legal recourse against the developer.

That does not mean you are without options.

After all, this is your new community, and if enough of you want this amenity, you may still be able to get it.

First, appeal to the developer’s goodwill and customer service. They are in the business of building homes for happy customers, and it is good business to treat customers well. Approach them as a group, and ask them to put in the dog-walk they promised. They may surprise you.

If not, the developer will eventually hand over the community to its residents.

If you still do not have this amenity, and the majority of you still want it, there should be nothing stopping you and your neighbors from making it happen.

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