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Old 10-18-2019, 09:06 AM
 
Location: Raleigh NC
10,659 posts, read 7,769,391 times
Reputation: 9090

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Quote:
Originally Posted by gtownguy View Post
Clearly I made a mistake trusting them without getting that in writing. But, what they said verbally was misleading. At this point, it’s not a matter of $2800, it’s a matter of providing misleading information to buyers and I want to fight that. It seems like there are many facing the similar issues and I can see it being posted in different forums. They need to stop this.

They can’t verbally say one thing and finish house 3 months early and force buyer to close it .
Quote:
i will only sign if it was going to be finished late December or early Jan and their sales staff said that'd perfectly fit my need as the estimated Date is end of December, so my first payment would be sometimes in February. That sounded good to me and i agreed to sign their contract which had a date of Estimated Date of Completion: 12/27/2019.
I think you mean 1 month early
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Old 10-18-2019, 09:07 AM
 
Location: Raleigh NC
10,659 posts, read 7,769,391 times
Reputation: 9090
Quote:
Originally Posted by jaiho View Post
As someone that built a new home, I also advise that you stay 'nice' to the builders. I've stayed nice to mine and they've gone out of their way with fixing things in and around our home.
also good advice!
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Old 10-18-2019, 09:21 AM
 
2,018 posts, read 1,397,564 times
Reputation: 2241
Quote:
Originally Posted by BoBromhal View Post
also good advice!
It is great advice. Your relationship with both the builders and those who handle the warranty issues will go a long way towards the service you receive. I had a good enough relationship with our guy that he would ***** to me about how crazy my neighbors were. He went above and beyond to fix my issues because of it.
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Old 10-18-2019, 09:37 AM
 
165 posts, read 186,848 times
Reputation: 321
Quote:
Originally Posted by MikeJaquish View Post
It is fun to say, "Hire an attorney."
Have you and your attorney had success getting the largest production tract builder in the country to amend their standard contract to your requirements?
Actually I have. We bought a Pulte home in 2006. I told them the month that I coudn't close in was Oct. because I had a huge work commitment that month and would not be able to take any time off from work. Our attorney put that into our contract and Pulte approved it. When it came time to close, Pulte said the house was ready early and wanted to close in October. We showed them the contract and we closed the beginning of November. No argument or issues.

When we sold our first house back in 1979, the buyer's representative drew up the contract and our attorney amended it and the buyer agreed to the changes. A week before closing the buyer wanted to back out of the contract because the husband had been transferred. They would've lost so much money because of the way the contract was worded that they closed on the house, never moved in, and turned around and listed it for sale after they closed.

So, to answer your question, yes we have had success with our attorney amending a builders standard contract. Never sign a contract where you will be spending thousands of dollars unless you have an attorney check it over. It's worth the cost.
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Old 10-18-2019, 11:51 AM
 
Location: Phoenix, AZ > Raleigh, NC
15,459 posts, read 19,667,904 times
Reputation: 25200
Quote:
Originally Posted by gtownguy View Post
Clearly I made a mistake trusting them without getting that in writing. But, what they said verbally was misleading. At this point, it’s not a matter of $2800, it’s a matter of providing misleading information to buyers and I want to fight that. It seems like there are many facing the similar issues and I can see it being posted in different forums. They need to stop this.

They can’t verbally say one thing and finish house 3 months early and force buyer to close it .
Yeah, they can. YOU signed the contract. YOU went in without a realtor. YOU want to hire a lawyer because of $2800 and your principles. Said lawyer will cost you more than the $2800 and had nothing but YOUR flapping gums.

Lennar builds about 35,000 homes a year in 21 states. You've found 2-4 forum posts about (supposed) forced early closing? Not whatnOt would define as a problem for "many" buyers.

BTW, if they had said the couldn't close until Feb 1st, you'd be equally unhappy - maybe more. And you wouldn't have any legal grounds then, either.
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Old 10-18-2019, 12:24 PM
 
Location: Phoenix, AZ > Raleigh, NC
15,459 posts, read 19,667,904 times
Reputation: 25200
Quote:
Originally Posted by bgmiami View Post
Your first mistake is you did not hire a real estate attorney when you purchased your home. The attorney would have gone over your contract and worded it in such a way that the builder wouldn't have a leg to stand on in forcing you to close early. The builder and sales person are not looking out for your best interests. Your attorney is.

If you sue them, remember that they have deeper pockets than you and can afford an expensive litigation. Chalk it up to a mistake and next time you purchase a home get yourself an attorney to check over the contract before you sign on the dotted line.
Agree with your first paragraph 100%. And I agree with your second paragraph, too. But here's what happened when I asked my long time family attorney to take our builder contract and have it reviewed by a RE attorney in his office.

The RE attorney called me later that day. He asked which builder. I said "Toll". He told me to save my money for his services because a national builder isn't gonna "change a damn thing in their contracts". He confirmed that I had my own realtor. He knew that I was capable of reading the contract, and told me to let him know about any sections that I did not understand. And to let him know if there was anything in the contract that I felt we couldn't accept to confirm that I truly understood the alternatives.
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Old 10-18-2019, 12:24 PM
 
63 posts, read 55,127 times
Reputation: 55
BTW, if they had said the couldn't close until Feb 1st, you'd be equally unhappy - maybe more. And you wouldn't have any legal grounds then, either.[/quote]

Negative .
Did you read my post or are you just jumping to the conclusion without reading it ? I would have been super happy with anything later than December and that’s what I wanted and that’s the false promise that was given to me verbally.
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Old 10-18-2019, 02:17 PM
 
Location: Raleigh, NC
12,087 posts, read 28,658,912 times
Reputation: 8708
Quote:
Originally Posted by Jkgourmet View Post
Agree with your first paragraph 100%. And I agree with your second paragraph, too. But here's what happened when I asked my long time family attorney to take our builder contract and have it reviewed by a RE attorney in his office.

The RE attorney called me later that day. He asked which builder. I said "Toll". He told me to save my money for his services because a national builder isn't gonna "change a damn thing in their contracts". He confirmed that I had my own realtor. He knew that I was capable of reading the contract, and told me to let him know about any sections that I did not understand. And to let him know if there was anything in the contract that I felt we couldn't accept to confirm that I truly understood the alternatives.
You are absolutely correct! I'm only licensed in NC but in the 20 years I've been in RE, I've never had a builder that would change a contract EXCEPT a custom builder and I have had 2 of those that agreed to different terms. In 20 years! Especially in this market...seller's market.
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Old 10-19-2019, 10:07 AM
 
Location: under the beautiful Carolina blue
17,360 posts, read 26,685,459 times
Reputation: 13339
Quote:
Originally Posted by bgmiami View Post
Our attorney put that into our contract and Pulte approved it. When it came time to close, Pulte said the house was ready early and wanted to close in October. We showed them the contract and we closed the beginning of November. No argument or issues.

t.
So your attorney enforced a contract. Yawn. That's exactly what Lennar's attorney's will do in this case. I think you've missed where the OP signed a contract with a closing date he now does not want to honor. You're comparing apples to oranges.
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Old 10-19-2019, 10:44 AM
 
Location: Raleigh, NC
1,815 posts, read 1,394,054 times
Reputation: 1909
Quote:
Originally Posted by jaiho View Post
Your home is worth way more than $2,800. If I hindsight, you'd have to pay $2,800 more than listed, would you do it? I am willing to bet you'd buy the same house.

Since, you care about numbers, without doubt interest rates now are incredibly low. Eat the one month rent and move into your new home. As someone that built a new home, I also advise that you stay 'nice' to the builders. I've stayed nice to mine and they've gone out of their way with fixing things in and around our home.



Yes, great advice right here. We were very nice, maintained relationships - and they went out of their way fixing things. 2 items were beyond the warranty period for that particular repair! I also called and let the regional manager know of the great service I got from the construction managers in my area since they did that.
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