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Hello, I need your advice you may have if my builder is threatening to terminate the contract.
Here is the situation:
The house is about to be completed. Recently, I found out that the builder installed a tile ( man-made) that is not what we intended to want (natural stone) and asked the builder to replace it. They refused to do it and threaten to terminate the contract.
At the beginning, we chose the natural stone named like Arizona Limestone. Two months back, I was told that the natural stone discontinued, so the builder asked me sign paper work for the replacement - called Tile Replacement order : use Barcelona to replace Arizona . With my trust I did not dug in too much Details and thought both of them are natural stones. It turned out that Barcelona is a kind of man-made tile, which I really do not like it.
I think the real reason could be That the builder could get a much higher offer ( we signed the contract about 10 months ago) since the next house/almost the same one built by the same builder was sold at much higher price a couple of weeks back. Yes, the crazy thing is that the local real estate market is hot.
I read the contract, saying that the builder can terminate the contract with $500 fine plus refund the option/upgrade deposit.
Appreciate any idea you may have What my next step or options I may have.
Practically anyone can get out of a contract if they really really want to, however, builders have typically built special provisions into their contract that allow them easier exit if need be.
That being said, you did sign a replacement order for the new tile. Did they provide you a specification on the replacement? Or show you a sample? If not, shame on them, but you still accepted the solution.
Home inventory is low in many areas across the country, so I am sure that they are not overly concerned with finding a new buyer. New home prices are also expected to spike shortly. If I were you, I would just accept the new tile, with the intention of replacing it later.
Practically anyone can get out of a contract if they really really want to, however, builders have typically built special provisions into their contract that allow them easier exit if need be.
That being said, you did sign a replacement order for the new tile. Did they provide you a specification on the replacement? Or show you a sample? If not, shame on them, but you still accepted the solution.
Home inventory is low in many areas across the country, so I am sure that they are not overly concerned with finding a new buyer. New home prices are also expected to spike shortly. If I were you, I would just accept the new tile, with the intention of replacing it later.
Yeah, it was bad on my part too - i trusted wrong one, but I felt my trust was abused ( the paperwork title just named Replace Arizona with Barcelona - without mentioning the type. I thought I was natural stone ), because I told the builder that I want to have natural stone from day one. The sales representative acknowledged that she did not know the replacement is not natural stone now.
I'm curious. How did you even know you would like the replacement? What would you have done if you walked in the house and it was really ugly, but natural stone?
Most builder contracts have something written in them that state that if a material that was picked is discontinued and/or no longer available, they will replace that item with the same quality or better. How is man-made the same quality as natural stone? Check your contract to see if you have something written in there.
Yes, you signed for it, but if they didn't disclose to you what the material is (though you should have asked), you have a case against them for substituting inferior material.
If you were paying attention when you signed the contract, then it has a clause giving the buyer the "right of specific performance".
If not, then start looking for another house.
If you were paying attention when you signed the contract, then it has a clause giving the buyer the "right of specific performance".
If not, then start looking for another house.
You need to hire a lawyer.
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.
I'm curious. How did you even know you would like the replacement? What would you have done if you walked in the house and it was really ugly, but natural stone?
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...
He may be doing you a favor. Natural stone requires maintenance. I have a travertine floor and I swore I will never use travertine as long as I live. Other than that you signed the replacement. Should of could of. You can simply take it as is and tear it out later. Or leave it. If it's such a deal breaker walk away.
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Read your contract
