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Old 03-23-2009, 03:25 PM
 
12 posts, read 63,788 times
Reputation: 12

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Hi,
I cancelled my contract with DR Horton but they would not return part of my downpayment, they claim that there was a $495 design center appointment fee that is non-refundable. This was never mentioned to me nor stated in my contract. They claim that this was standard and the sales rep who dealt with us had misrepresented the company by not mentioning it. For anyone who owns a home built by them, has cancelled their contract or dealt with them in any way, were you aware of this fee? Do you think that it's right to charge this amount based on your experience with other home builders. I appreciate your input. Thanks.

Last edited by donabl; 03-23-2009 at 04:01 PM..
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Old 03-23-2009, 04:02 PM
 
6,800 posts, read 14,023,558 times
Reputation: 5731
If it is not in the contract there should be no charge. I would ask them to show me where this information was provided to me. If they can't provide it you should demand your money back. If there rep forgot to mention it that's on them not you. As in most contracts, if it ain't in writing it never happened.
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Old 03-23-2009, 05:04 PM
 
1,488 posts, read 5,236,659 times
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If I remember correctly, Horton does not own the design center and pays for the appointment. Earnest Money can be held if the customer cancels for no good reason and expenses incurred may be held out of earnest money. I haven't seen one of their contracts but if the design charge charge is mentioned in it, I'm guessing it is probably in the clause about earnest money.
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Old 03-24-2009, 12:50 AM
 
Location: Dallas/Fort Worth, Texas
4,207 posts, read 15,252,969 times
Reputation: 2720
Your answer is in the contract and disclosures your signed. If it's not there, then I don't see how they can enforce it. Read through your papers.

I have personally never heard of them charging. Again, read your contract. Even if the sales rep didn't mention it verbally and it's in writing and you signed, then it should be binding. It could be that it becomes non-refundable after a certain stage in the contract.

May I ask why you cancelled the contract? How far along into the process were you in?

Naima
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Old 03-24-2009, 07:39 AM
 
12 posts, read 63,788 times
Reputation: 12
Thank you all for the responses. The contract says "$250 processing fee and other reasonable expenses will be deducted from the downpayment in case of cancellation". So I was fully aware of the non refundable $250. Then they charged $25 for blueprints and I suppose this is reasonable so I'm ok with it, BUT $495? That's unacceptable.

nsummer - I cancelled our contract because we found a built home that is better and cheaper. They haven't started building the house nor laying the foundation when we cancelled it. What I was told is that we can cancel even when they have started building as long as it's before the dry wall gets installed.

I'll read my contract more thoroughly tonight...
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Old 03-24-2009, 08:10 AM
 
Location: DFW
40,952 posts, read 49,166,535 times
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Sounds to me like legitimate charges. If they paid money or incurred expenses then they should be reimbursed.
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Old 01-18-2010, 06:56 AM
 
1 posts, read 15,424 times
Reputation: 11
Has anyone had problem with DR Horton homes with regard to sagging floors -- In looking at some of their models under construction, I did not see any 2x6 or even 2x4 floor supports.
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Old 01-18-2010, 04:02 PM
 
6,800 posts, read 14,023,558 times
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If they don't have 2x6's or 2x4's what the heck or the using. Laminated floor joist by chance.
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Old 01-18-2010, 07:12 PM
 
Location: Austin
7,244 posts, read 21,801,403 times
Reputation: 10015
I've never had a client charged for the design center if they canceled with reason, but finding a new house is probably not a "good" reason for them. They would probably except job loss or you can't sell your current house or something like that.

Typical design center time is "free", but if you go over the allotted time they give you, they charge. You're allowed there whenever you want on your own, but your main appt with the design person is only two hours before the clock starts to tick.
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