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Correct me if I am wrong, but I don't think this is always the case. Many builders have their own contract that is signed, and a state contract is not written. Besides, a suit for specific performance would be very time consuming, and costly.
1. All builders have their own contract.
2. I would guesstimate that 99.9% do NOT have a specific performance clause.
3. The buyer should have had their lawyer insert such a clause before signing.
4. A suit would be costly. But, the buyer's position would be stronger with a specific performance clause.
IANAL.
However, I did get screwed by a builder in 1983 when they unilaterally cancelled the contract. That is when I learned my lesson.
You are 10 months into this, close to closing, and you are now hung up on some type of tile. Me thinks you are wanting out or trying to achieve something that has little to do with the tile.
You are 10 months into this, close to closing, and you are now hung up on some type of tile. Me thinks you are wanting out or trying to achieve something that has little to do with the tile.
What do you want?
I think the OP wants natural stone. That seemed clear.
Bottom line though is this-you agreed to the change, yes you may have made a mistake, but its unclear if the builder intentionally deceived you.
My advice-if you don't like it, and its a big issue, ask the builder how much it would take to change it to natural stone now. If thats less then the cost of a lawsuit you might lose, pay the extra money. On the other hand, if its not worth fighting about...just ignore it and focus on other more important things.
Natural stone can be ugly, or can be pretty but if you search enough, the same is true for man made. Get over that part of it. Natural stone by the way is easier to damage and more difficult to repair / match than the other types. They don't call it natural for nothing.
But my question is, did you ever see a sample of the replacement, like, before you signed any papers? And if so, what did you say? You don't mention that anywhere that I can see.
Actually almost all builders here use the state contract. We don't have large builders here though.
The smaller developers use state contracts in our market, but the big box developers (DR Horton, Armadillo, KB, David Weekly, etc.) usually use their own contracts.
Since I was told that the replacement is very similar to the one I chose when i signed contract and i was stupid enough to trust the sales representative..... Until I walked into the house when it was being installed, I found out it is ugly and I let the builder know it is not natural stone and asked for stop the installation. The builder ignored my request and completed the installation. Now...
What's the cost represented here? You use the word "tile" but what is the size of the job?
Tear it out.
Actually almost all builders here use the state contract. We don't have large builders here though.
Very few here do, they have their own.
Each builder I deal with has a clause that says if they cannot make you happy they can terminate the contract and refund your Deposit.
I'll bet your Builder has that clause.
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What's the COST of this issue??
