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Old 10-17-2019, 04:44 PM
 
63 posts, read 55,105 times
Reputation: 55

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Here's my story:
I was interested in buying one of their new construction in Cary and i had visited their site and i told them i will be interested in something that would close late December or early Jan as i had just renewed my rental lease back then. This was in Feb 2019 and i had renewed my rental contract in Nov/Dec 2019 i believe. They had one site that was opening which was projected to complete End of December 2019. I was then approached by one of their sales staff and asked me if i was still interested. I was out of town at that moment and i told them i'll visit them once i get back in Town.

Once i was back in Cary, I visited them. I told them again, 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.

Now, last week i got an email saying I need to close by Nov 26, 2019 and i am in disagreement with that and explained to the Area sales manager how i was given misleading information by their sales team. He said he had a meeting with their executive staff and they're not moving the closing dates. I asked them to take care of my extra month's of rent payment if they want to close by Nov 26 and they are not agreeing with that either.
I also see another poster complaining about the same thing, in his posts, this person mentions they're forcing him to close 2 months early ! see here: https://www.complaintsboard.com/lenn...early-c1178439

They're forcing folks to close early, before their fiscal year ends. But, that could affect us in many ways. This seems like a general practice of Lennar in this area.

If you're signing any agreement with them, please DO NOT trust their sales staff. Get everything in Writing. Verbal communication doesn't matter it seems ! Especially, the first time home buyers liked me who was provided misleading information and now i am having to deal with this mess.

Now, my question to every board member here is: Can i file a complaint against misleading information that was provided to me before signing the contract ? Now, they point out to a contract to me which basically supports them from every angle.

I am trying to hire a Real Estate Attorney and fight this and if they don't agree to pay my Rent or Move the date sometimes in December, I would like to have my Deposit money back. Earnest Deposit is roughly $13k .

Builder says, i'll lose my Deposit if i proceed with Cancellation. I am not happy with what they're doing. It's not a big deal (roughly ~ $2800 extra rent) but it's not about the money. It's about how they provided misleading information and false promises before i signed it and after i signed they rushed to finish the construction and forcing to close early and not willing to come to a resolution.

I had to post this so every new home buyer is aware of situation like this and how it can ruin your plans.
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Old 10-17-2019, 04:49 PM
 
Location: under the beautiful Carolina blue
17,359 posts, read 26,679,748 times
Reputation: 13334
I'm not a lawyer but I would guess your written contract rules the day. That's why contracts are IN WRITING. You relied on them keeping their word in the contract, is what I'm getting from all your posts. That was YOUR mistake. Wanting to hire a real estate attorney now is like closing the barn door after the horse has escaped.

It's one month. You really should get over it and enjoy your new home. But I think the real problem is that you've got cold feet about buying the house. No one backs out of a deal like this over $2800, 'on principal'. Not for a transaction this big, and not when you didn't do your due diligence with the written contract.
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Old 10-17-2019, 05:10 PM
 
331 posts, read 273,256 times
Reputation: 647
Can you sue Lennar? Absolutely. This is America, you can litigate against anyone for any reason. Lennar's team of corporate lawyers would love to see you rack of legal fees, their lawyers are on the payroll already, they might as well stay busy. Your $2,800 of assumed loss will buy 10-15 hours of legal representation max. That should cover initial consultations, contract review, and maybe even a threatening letter or two. It won't begin to cover the cost to litigate this.

Enjoy the new house, eat the extra month of rent, and view this as a relatively inexpensive lesson on contracts. The ONLY thing that matters is the written contract.
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Old 10-17-2019, 05:11 PM
 
Location: Raleigh, NC
1,811 posts, read 1,392,674 times
Reputation: 1909
Like twingles said, construction schedules can run faster or slower - this is not an exact thing. I mean, this isn't rocket science here.

It seems like you love this area vs NOVA, and many other popular areas, but is also well aware of how fast growing and in demand this area is. So I think people buying houses should expect your closing date to be 1 month earlier or 1 month later. I don't see what the big deal is? You are spending this much money in Cary so what's the difference with 1 month earlier? You are still spending the same amount of money. It's always tricky figuring out your previous monthly rent or housing situation, but that's the way it is.


Enjoy the extra moving time since you will have 2 places. Moving is one of the most stressful experiences by survey.
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Old 10-17-2019, 05:26 PM
 
3,262 posts, read 5,373,348 times
Reputation: 5850
While each site is different, I'm nearing a close with a Lennar build and so far they've been keeping to their time frame. They estimated late November all the way back in February and we're closing Thanksgiving week, so all's good on that front.

Honestly though, a spoken word means nothing, what's in writing is all that matters. And while we've had a mostly positive experience with our sales representative, she works on commission and so when it comes right down to it, they're only making money when they're closing purchases. Sales people are skilled at telling you what they think you want to hear, and are good at avoiding legal landmines while doing it.

They are building thousands of units in the Triangle area, there are bound to be a few issues along the way. I would share that it also depends on the builder running the project, something that was made clear to us before putting money down and signing anything. We researched that element before committing and felt confident in our decision. And as it turns out, the builder has been great to work with.

What did your attorney or buying agent tell you when you decided to sign the purchase agreement?
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Old 10-17-2019, 05:36 PM
 
Location: Cary, NC
34,290 posts, read 59,604,944 times
Reputation: 33317
Quote:
Originally Posted by gtownguy View Post
Here's my story:

...

Now, they point out to a contract to me which basically supports them from every angle.
...

Nails it.
And, they can afford more attorneys than you can.
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Old 10-17-2019, 05:40 PM
 
63 posts, read 55,105 times
Reputation: 55
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 .
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Old 10-17-2019, 05:48 PM
 
Location: under the beautiful Carolina blue
17,359 posts, read 26,679,748 times
Reputation: 13334
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 .
They sure can if you agreed to it in writing, a fact which you have dodged in every.single.post. on the subject. And my guess is these stories online were available to you before you went to contract on this home.

Once and for all, what does the contract you signed say.

Good luck getting an attorney to take this case based on what people are saying online over what is in their contracts.
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Old 10-17-2019, 06:06 PM
 
Location: Raleigh, NC
1,811 posts, read 1,392,674 times
Reputation: 1909
Right, most people don't read contracts or the writing, so you have no legal backing.

Think about this, a large company is building in a very expensive area. They hire construction managers who are trying to coordinate tons of houses, along with all of these subcontractors to do your framing, windows, drywall, tiles, carpet, flooring, and any other options you chose. There are so many different people working on your "product" constantly and this can change as people quit, people get hired, more people buy houses, etc. This growing area is ridiculous for that.

I'm forgetting many more things but just hearing that, one can expect a month or 2 of differing schedules.
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Old 10-17-2019, 06:12 PM
 
Location: Never Never Land
1,061 posts, read 801,423 times
Reputation: 1845
An estimate is just that an estimate...
We had a new construction home built and they told us at the pre construction meeting that closing would be in August. We closed in September, it happens all the time. We weren't happy about it but I saw that as I don't have to pay the mortgage until November instead of October.

You are going to spend WAY more than $2,800 to sue them and then you will be out your $13,000 anyway. It's not worth it.
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