5 On Your Side

Flier Typo Leads Raleigh Man To Five On Your Side

Posted December 29, 2005

— Charlie Moore moved into his new home in Suncrest Village in North Raleigh in August.

When he bought the house from Capitol Homes, he was handed marketing literature listing features that included sodded front and side yards.

The sod was put down in Moore's front yard after he moved in, but he says it was never put down in the side yards, like the flier advertised.

"There is one line in bold that says, 'Sodded front yard and side yards to rear corners of home,'" Moore said. "The only line in bold."

When he called Capitol Homes to find out why the two side yards were not done, he was told the information on the flier was a mistake -- a typographical error.

Moore eventually talked to Pablo Reiter, vice president of sales for Capitol Homes.

Reiter said that if the company sodded Moore's side yards, it would have to do that for the neighborhood's 140 other homeowners and that would cost too much money.

"I'm mad that it happened at all, but I'm just really mad that he admitted that is was his mistake and still refuses to make up for it," Moore said. "That's the part that's really infuriatating to me."

Reiter did offer to seed the rest of the yard, but Moore wants sod. That is when he called Five On Your Side.

Reiter also told WRAL that the flier was an "honest mistake" and that a new employee copied a flier that was for another neighborhood. But since only six homeowners received the wrong fliers, and five of them already agreed to seeding, Reiter agreed to extend Moore's green sod to the side yards.

Reiter points out, though, that the advertising flier is not part of the actual contract. While that could be debated in court, it is something to keep in mind whenever you are involved in this kind of negotiation. Make sure all of your expectations are part of the contract.

As for the sod job, Reiter is sending Moore written notice of their agreement -- once that is signed, Reiter will get the sod down.

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