New home contruction issues- seeking advice (sales, loan, lawyer)

[nwhm]

Ok , heres the issue we are facing.....
We signed a contract for a new home in a couple of months ago. The house is under construction right now and the framing stage has been completed. We have noticed that two features that we thought and had been told (multiple times )were standard in the house (lets call them A and B ) have not been installed . So we questioned our sales agent regarding the same.
The sales agent now claims that those features constitute optional upgrades and that since we did not choose them at the sales meet , they have not been installed. Now ,we very distinctly remember being told on different occaions that features A and B are standard options in the house, when we were looking that the house , floorplan etc before signing.

We are requesting that A and B be included in our home since we were told that these are standard features.The agent is blatantly lying that he never claimed so. We do have a realtor but he is no help at all.
We are fair people and we do not want to pursue this if its an unreasonable expectation from the builder. But in this case ,we really believe, we are the injured party,especially since we have encountered other minor issues (not quoted here ) where the sales agent has retracted his claims.
What do you veterans think is the right course of action here ?
Pursue or let go ?

[DebbieF]

I'm really sorry you are going through that. Was your agent sitting in on the conversation. I have done a lot of new construction, and as the agent I am in on all meetings when my clients are there, just for that reason. I am making mental as well as written notes. I am just another set of ears that can back my client when something like this happens which it has, an we ere able to get it solved, to my client's benefit. The builder wants you happy, so I have gone further up the ladder, and by passed the onsite agent, because they really don't have the final say so. I have gone to VP of Construction as well as VP of the whole company, and for me anyway it worked. Something to think about. Document everything.

[JJingle]

In my past experience, the builder's representative has made me initial a copy of the standard features page at time of contract. Perhaps you have a copy of this tucked away in your contract paperwork somewhere?

[coltank]

Are those features listed in your contract? Sometimes it can be a simple misunderstanding.

[Beermat]

Did you intial the building design drawings? did the drawings have the features included in the plans which hopefully you approved? if so then then it is a fairly straightforward process to demonstrate that the feaures were included - if they are not on the drawings then it will be a more difficult discussion as to why you approved the builders interpretation of the contract and then some time later dispute what you think was agreed

[joey2000]

Basically:

1 - In your defense, a "standard option" is a ridiculous term as "standard" does imply "comes with it" kind of thing. However, an option is still just that, an option.

2 - You should assume absolutely NOTHING if it is not in writing. If not, then you probably don't have a leg to stand on, legally speaking. Check your contract(s) with a fine tooth comb and/or consult your lawyer (I surely hope you have one).

3 - I'm wondering what this has to do w/North Carolina or being a veteran - ?? ie am I missing something like some unique VA loan issue or state law (etc)?

Good luck

[coltank]

Originally Posted by bill545

Basically:

1 - In your defense, a "standard option" is a ridiculous term as "standard" does imply "comes with it" kind of thing. However, an option is still just that, an option.

2 - You should assume absolutely NOTHING if it is not in writing. If not, then you probably don't have a leg to stand on, legally speaking. Check your contract(s) with a fine tooth comb and/or consult your lawyer (I surely hope you have one).

3 - I'm wondering what this has to do w/North Carolina or being a veteran - ?? ie am I missing something like some unique VA loan issue or state law (etc)?

Good luck

I think the OP was referring to veteran home buyers. People with experience in buying new homes, who have been through the process, and not former military.