My boyfriend and I put a down payment on for a new condo and…

Hello:

If you have a signed agreement, and you ask to amend it and he refuses, that does not cancel the existing agreement. So he would not validly be able to pull out and refuse to sell to you- at least if he did you could threaten to sue, or sue him for breach of contract.

Whether you can insist on the colour of the counter top will depend on the exact terms of the written contract. Often with a new home contract, there will be a clause that says that the vendor will offer only a certain variety of colours or styles of finishing materials and that the purchaser can choose from these, and it will be an upgrade otherwise. So you want to check on your agreement for such a term, which could limit your right to insist on the white counter top at no extra charge.

But it is also possible to sue for breach of a representation if someone makes a statement to you and you are induced to enter into the contract because of that statement. So if you are promised that a certain material will be used and you sign the contract on that basis, then you can sue if that representation turns out to be false. So if you were lead to believe that you would have all finishing materials available as in the show suite, despite a term in the contract that limits the selection the vendor could be bound by this, you could potentially sue to get the granite colour you want at no extra cost.

An option that would probably not exist is for you to try to cancel the entire contract (after your 10 day period) if you do not get the granite as represented. The law does allow a party to cancel a contract if there has been a misrepresentation, but this must be a very significant or fundamental aspect of the deal. For example, you are told the house will be 1500 square feet, and it actually 1000 square feet. But probably the colour of a counter top would not be viewed as so integral or fundamental to what you are purchasing to be able to cancel the contract over the colour of the granite. Getting compensation about the cost to get the colour you were promised is one thing, but cancelling the entire deal is another.