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10-18-2007, 12:39 AM
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Member
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Join Date: Oct 2007
10 posts, read 11,376 times
Reputation: 10
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Builder trying to change lots after I signed a contract
On October 2nd, I signed a contract and put down earnest money on a new house build in Gilbert. I'd been looking at the property for several months, and was waiting for a particular lot.
When the lot I was interested in became available, I signed the paperwork and gave them the earnest money. I paid a premium for the lot (of $3000), but it was the one I wanted, so I was satisfied.
I've since gone through the 5 hour ordeal of choosing my upgrades. Mentally, I've already moved in.
Today (while I was at work), I received a voicemail from the salesperson saying there was an error and that the "broker" has changed their mind about the lots. Apparently they released the wrong group??? When I went to the sales office the other day it showed 3 other lots sold in addition to mine in that area, so this isn't just affecting me.
Can they do this? I have a contract that specifies the lot I picked out. I'm sick to my stomach and livid. I left her a message when I got home from work informing her that the suggestion of a different lot was unacceptable, that I have a contract for that specific lot, and that I am MOST displeased.
Do I have any recourse?
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10-18-2007, 01:02 AM
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Senior Member
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Join Date: Jul 2007
Location: Southern Arizona
4,952 posts, read 4,190,251 times
Reputation: 1713
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Absolutely, Jabs . . . you definitely have "recourse" since the specific lot is specified in your contract.
Your best weapon is your back . . . clearly state your demands and then WALK AWAY.
In this market, the last thing a builder wants and/or needs is a SALE GONE SOUTH.
Good Luck!
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10-18-2007, 01:51 AM
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Member
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Join Date: Jun 2007
88 posts, read 134,172 times
Reputation: 31
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I see 10k discount on your home at different lot.
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10-18-2007, 07:59 AM
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Just a simple country gal.
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Join Date: Jun 2007
Location: Calif.
10,124 posts, read 5,052,963 times
Reputation: 12722
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I see the same.
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10-18-2007, 08:23 AM
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Not a member
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Join Date: Jan 2007
343 posts
Reputation: 44
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The builder's loss, or screw up, is your gain. Put up a HUGE stink and see what they do for you. If they don't make you happy, walk away. The ball is in your court.
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10-18-2007, 10:39 AM
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Senior Member
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Join Date: Aug 2006
478 posts, read 535,541 times
Reputation: 130
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Since the builder is modifying (basically breaking) the contract, you should at least be able to get all of your money back -- and find a better builder. On the plus side, odds are that whatever you find next will probably be priced a little less as well! :-)
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10-18-2007, 03:05 PM
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Senior Member
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Join Date: Oct 2006
Location: Peoria, Arizona
3,617 posts, read 3,004,506 times
Reputation: 1141
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I believe you do have recourse and can walk away if you do not accept the alternative lot. If they have not coutersigned the contract it is only an offer to purchase. If they have signed it, then read the fine print. What a shame and I hope it works out for you.
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10-18-2007, 03:09 PM
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Senior Member
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Join Date: Nov 2006
Location: Boise / Eagle, Idaho
299 posts, read 293,036 times
Reputation: 171
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realtor here...
make a HUGE stink ... cry FOUL ... demand your money back and call AZ on your side or another news station.
Make them honor your contract or WALK!!
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10-18-2007, 03:10 PM
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1st Amendment, RIP!
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Join Date: Jul 2007
Location: Tucson
21,470 posts, read 12,841,928 times
Reputation: 7326
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Quote:
Originally Posted by Power Surge
I see the same.
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Me, too.  |
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10-19-2007, 12:59 PM
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Member
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Join Date: Oct 2007
10 posts, read 11,376 times
Reputation: 10
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Well, they decided they didn't want my money.
They offered me an inferior lot (very different from the one I was contracted for) and 10K at the design center. I told them to stuff it.
Right now it looks like I won't be building at all, as I'm not able to find the same size place for as inexpensive as they could offer it.
Oh, by the way, it was Trend Homes. Stay away at all costs if you can. They're a bunch of bait and switch crooks.
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