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Old 09-11-2016, 09:22 PM
 
2 posts, read 1,260 times
Reputation: 10

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Hello,

We are first time home buyer and are looking for New Construction or a Subdivision,
My husband and I were driving around to see New Construction in the area and came across a subdivision near Boyd's Creek and after driving around found couple of homes were already sold & there was a sign outside the house, So we decided to email the person asking the floor plans Etc. Second email we replied asking who they represent the buyer or the Seller(In this case it would be the builder) since it's a New Construction.

Question:

For instance the house has standard carpet in the living room. To upgrade the carpet to hardwood floors, say for example it costs $3000; so we would have to give you a check of the $3000 when we sign the contract right?

Now, would the value of the house change or remain the same And what would happen to the budget that was initially put by the contractor for the carpet in the living room?

Secondly, when we talk about the lot and the house, would you represent us or the seller? Would we need to engage a realtor?



The following is the reply from the person whose name was outside the house:

Reply:

If you add an upgrade to what comes standard, it adds the difference of the upgrade price to the purchase price. Plus you would pay the non-refundable cost of the upgrade up front. As for your example, we only put carpet in the bedrooms. There is hardwood in the main living areas and kitchen, and tile in the baths/ laundry.

I would work directly with you and the builder, but on paper I would represent the developer and owner of the *****. If you would like representation for the contract, then I would designate one of my partners for you to work with. You are also welcome to bring an outside agent, but it probably wouldn't be to your advantage since they cannot work directly with the builder as I can.

Is this legal or legitimate, I feel there is a conflict of interest.

I hope this helps in your decision making. Let me know if you have any other questions.

Please Advice?

Thank you!
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Old 09-12-2016, 05:30 AM
 
Location: Knoxville
4,704 posts, read 25,301,161 times
Reputation: 6131
They are acting as a "facilitator". Perfectly legal.
That said, you may want to have a Realtor representing your interests. While they can't deal directly with the builder, they will be working for you.
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Old 09-12-2016, 06:54 AM
 
2 posts, read 1,260 times
Reputation: 10
Thank you for your reply!
As I was reading here more, one name kept on poping up more and more
"Smithbilt" some one here was in the similar situation. If you again read between the lines

I would work directly with you and the builder, but on paper I would represent the developer and owner of the *****. (This is fine with us)

If you would like representation for the contract, then I would designate one of my partners for you to work with. (Their colleague or a partner representing me, I think this is Conflict of interest)


You are also welcome to bring an outside agent, but it probably wouldn't be to your advantage since they cannot work directly with the builder as I can. ( Indirectly telling us if we get our realtor things won't go as smoothly)

This puts us on a edge and make us think that even before getting in to this construction if this is what their ethics are and this is how they work which is absolutely illegal to tell us indirectly to hire their own partner or a colleague wherein one person represents the seller and the other person from the same Realty represent the buyer is the classic example of conflict of interest and it's a receipe of a disaster. If everything goes smooth than its fine but if anything goes wrong than how the same Realty or a company can represent both in the court.

For now we're thinking to pass that subdivision

Would you also know any New Upcoming Construction or Subdivision in sevier county?
Would really appreciate it.
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Old 09-16-2016, 10:56 AM
 
Location: Knoxville, TN
2,538 posts, read 1,910,756 times
Reputation: 6431
Quote:
Originally Posted by aknish View Post
Thank you for your reply!
As I was reading here more, one name kept on poping up more and more
"Smithbilt" some one here was in the similar situation. If you again read between the lines

I would work directly with you and the builder, but on paper I would represent the developer and owner of the *****. (This is fine with us)

If you would like representation for the contract, then I would designate one of my partners for you to work with. (Their colleague or a partner representing me, I think this is Conflict of interest)


You are also welcome to bring an outside agent, but it probably wouldn't be to your advantage since they cannot work directly with the builder as I can. ( Indirectly telling us if we get our realtor things won't go as smoothly)

This puts us on a edge and make us think that even before getting in to this construction if this is what their ethics are and this is how they work which is absolutely illegal to tell us indirectly to hire their own partner or a colleague wherein one person represents the seller and the other person from the same Realty represent the buyer is the classic example of conflict of interest and it's a receipe of a disaster. If everything goes smooth than its fine but if anything goes wrong than how the same Realty or a company can represent both in the court.

For now we're thinking to pass that subdivision

Would you also know any New Upcoming Construction or Subdivision in sevier county?
Would really appreciate it.

I have bought 2 new homes in my life. They were spec homes....nearly complete when I bought them. I did not have my own agent for either one. I just worked with the builder's agent. My daughter just built a new home in a subdivision in Knoxville. She worked directly with the builder's agent (it was not Smithbilt). That agent was a very good advocate/mediator/go-between for her and her husband when issues or questions came up during the building process. Not saying you would have the same experience, but it never turned into a problem for us and I think it is pretty common in new subdivisions. That said, a house is a huge investment and, if having your own agent would bring you peace of mind, that is what you should do.
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Old 09-17-2016, 07:59 PM
 
18,172 posts, read 16,398,084 times
Reputation: 9328
Quote:
Originally Posted by aknish View Post
Thank you for your reply!
As I was reading here more, one name kept on poping up more and more
"Smithbilt" some one here was in the similar situation. If you again read between the lines

I would work directly with you and the builder, but on paper I would represent the developer and owner of the *****. (This is fine with us)

If you would like representation for the contract, then I would designate one of my partners for you to work with. (Their colleague or a partner representing me, I think this is Conflict of interest)


You are also welcome to bring an outside agent, but it probably wouldn't be to your advantage since they cannot work directly with the builder as I can. ( Indirectly telling us if we get our realtor things won't go as smoothly)

This puts us on a edge and make us think that even before getting in to this construction if this is what their ethics are and this is how they work which is absolutely illegal to tell us indirectly to hire their own partner or a colleague wherein one person represents the seller and the other person from the same Realty represent the buyer is the classic example of conflict of interest and it's a receipe of a disaster. If everything goes smooth than its fine but if anything goes wrong than how the same Realty or a company can represent both in the court.

For now we're thinking to pass that subdivision

Would you also know any New Upcoming Construction or Subdivision in sevier county?
Would really appreciate it.
Send me a private message and I can recommend a realtor who was born and raised here and can really help you. he did help my wife and I a LOT when we were looking here.
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