Grand homes elevation issue at construction (sales, HOA, how much)

[orgchem987]

Hi I have recently purchased a house with Grand homes and at the time of construction a dispute raised want to here your opinion and suggestion. I would really appreciate it.


When I initially signed a contract with them I have chosen a certain elevation. At the time of contract they mentioned that elevation is available and we should be able to build it. But when the house is getting constructed I have observed that they have changed the elevation completely so I raised the concern.


Now I would like to explain with time frames what happen:


I have Signed contract in October 2016. In November 2016 Grand submitted HOA approval for elevation and got denied so they made changes without notifying me and resubmitted the changes to HOA and got approved on Dec 1st ( I got this information from HOA office) . All this time they have never mentioned that elevation has been changed.


In Jan 5th 2017 I had team meeting which was supposed to be about Blue print plans of electrical, plumbing and lighting. So we went over that and at the end when I was leaving they made me to sign an ELECTRONIC document on ipad which had that blue print and they have included some elevation page as well on it. So at that time I have put my initials on the documents with out realizing that they have changed the elevation. At this point of time they have never mentioned about the elevation change. They have also not given me a single copy of the signed document they said they cannot give that document to me because it is blue print. So I never had a chance to review as well.


In March 2017 when the construction is happening I raised concern about why the elevation has been changed, they are mentioning that I have put my initials on the elevation so they are saying that I have approved it. They have also mentioned that even at the time of the team meeting if I raise a concern they would not have done anything. So you can understand that at team meeting it was never reviewed about elevation change. They have tricked me clearly in this aspect.


Grand has never sent email or a phone conversation from Dec 1st to Jan 5th where the elevation change has been done. Also at the team meeting they have never mentioned about the change and made me to do the electronic signature on Ipad. Also they have never gave me a chance to review the document. As you can see how many suspicious points happen here.


So I have requested that I would back out of the contract and I would like my deposit money, but they are refusing to give the money. Can anyone please help me how to resolve this issue ?


Can I raise issue with BBB or any association if I do would I be bounded to the decision of the BBB (Because of the binding arbitrary clause) ? I would really appreciate any help regarding this.

[Katana49]

Why did the original elevation get denied? Did you ask the HOA?

I don't think you have much recourse here... It is up to you to know what you are signing. Grand Homes has quite a lot of detractors on this board for their business practices, so I think you need to decide whether you can live with the elevation change or be willing to lose your deposit.

For what it's worth, I have a Grand home, though I didn't buy it new, and we love it. The interior of the home should be exactly what you wanted, so maybe you can learn to live with a different elevation.

[lvmensch]

You need a lawyer consult. It will depend on the contract language and all that. They will never be able to make initials on an Ipad stick so don't worry about that. You simply cannot get away with that. They need specific and clear language you were approving a change to the elevation.

If however they have a builders contract it may not require that they deliver any particular elevation or some clause that they can change it to meet circumstances. Damn things are generally very one sided. Note though you can still beat them on this kind of issue sometimes particular if there other material is not precisely worded. If they appear to promise one thing and provide another they may have a problem.

Other question is how much money is involved. It may well not pay to join battle for a couple of grand. $25K however may make it worth while.

[TestUser1]

Grand always lie to the customers and I am a victim to them. Usually, each elevation has different price and did they mention about that price change? Elevation might change some of the rooms roof dimensions. Did they go with higher elevation or lower elevation?

[TestUser1]

Originally Posted by Katana49

Why did the original elevation get denied?

Usually, many builders won't build the same model side by side even with a different elevation. But grand builds the same model with a different elevation side by side. Not sure if this is the OP's case.

[jdallas]

well, it's too bad we can't share negative feedback about builders here and only blow sunshine or else you probably wouldn't be in this situation. I'll DM you a lawyer who has plenty of experience with others in your situation.

[escanlan]

If you do not want what is being built it is time for an Attorney! Your contract and all documents signed will need to be reviewed by the Attorney for advice on a proper course of action.

[octo]

Typical situation. There are soooooooo many pages to sign and initial with a sales or closing agent breathing down your neck.

NEVER sign or initial a page without reading it first. I was intimidated when I was in that situation with my first home purchase in my 20s and didn't read everything carefully. Now in my mid 40s I don't care if it takes hours and inconveniences the person who wants me to sign something. Because otherwise you may end up in a situation like in this thread with little recourse if you don't read what you sign or initial.

[lvmensch]

Originally Posted by octo

Typical situation. There are soooooooo many pages to sign and initial with a sales or closing agent breathing down your neck.

NEVER sign or initial a page without reading it first. I was intimidated when I was in that situation with my first home purchase in my 20s and didn't read everything carefully. Now in my mid 40s I don't care if it takes hours and inconveniences the person who wants me to sign something. Because otherwise you may end up in a situation like in this thread with little recourse if you don't read what you sign or initial.

I have now gone around three times with builders including one custom builder. It is fun. Did the whole negotiating bit than insisted on having the contract examined by an attorney before signing. Then came back with a variant of the standard MLS contract adding provisions for new build. The only one who would deal with it with the custom builder. Both tract guys said "go to hell". And the custom builder in the end said no. His lawyer advised him that he should never get into a standard RE contract.

So understand the game.

[orgchem987]

My question is when the elevation is rejected and getting changed and approved with HOA all that time why was I not informed ? Why am I getting informed after the HOA approval that part bothers me. Doesn't my case rest on that.