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Old 09-14-2009, 09:18 AM
 
16 posts, read 125,339 times
Reputation: 12

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We signed a purchase contract for a house in Keller (official city address is Ft Worth), which was under construction. We reviewed all contract documentations for 2 hours and both a sales representative and we signed on all single pages. We were provided a big binder at the end which enclosed a set of copy of all doc. He said "Congratuations" and we shaked hands. In the following week, he contacted our agent that they cannot do an thick carpet pat which was listed in our contract because the carpet was already installed and his manager does not agree to change. We are very puzzled about their attitude. This sales person should have an approval of the contract before he submit it to us, but probably he did not. But I believe that is their problem and since we signed the contract, is the builder supposed to follow the contract, isn't it?
Or in TEXAS (I am moving from PA), the builder can change that?

What should I do the next if the builder keeps refusing to do.

Please help!!! Thank you
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Old 09-14-2009, 01:06 PM
 
32,546 posts, read 51,084,504 times
Reputation: 18424
you should have had a realtor acting as your agent -- not just the sales agent with the home builder

what is your choice if the builder won't do it
why are you talking to the sales person instead of the builder directly
that is unnecessary buffer
there are probably going to be other things that the builder does not want to do
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Old 09-14-2009, 01:19 PM
 
16 posts, read 125,339 times
Reputation: 12
Thank you for replying.

Yes, we have our realtor, who is speaking with the sales manager in the home builder.

>what is your choice if the builder won't do it
Right now, I do not want to give any alternative. I want them to understand that the contract is contract. They have to follow the contract. If the builder won't do, or does not do, I will ask the written statement that they will violate the contract.

I mean that sales person/sales managers belongs to the builder company. They have a business card of the company. They just do not want to change the carpet pat. But it is in the agreement. So can we persude them to do legally?
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Old 09-14-2009, 03:44 PM
 
Location: Greater PDX
1,018 posts, read 3,838,237 times
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Have you paid everything yet? If not, tell them that since they've altered the terms of the contract then you are also altering the terms and not giving them a dollar more.
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Old 09-14-2009, 04:08 PM
 
16 posts, read 125,339 times
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Hi John
Thank you for your message.
I left an earnest money ($1500).

So the rest of them are supposed to be paid on the closing.

So you mean that we just ask the discount?

Thank you
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Old 09-14-2009, 08:45 PM
 
32,546 posts, read 51,084,504 times
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he means that they want to sell the house
that you have paid 1500 and technically if THEY void the contract by not replacing the pad with the kind you want then they would have to refund the deposit and you would not fulfill the contract

my take is that they have your money
to get it back you might have to get an attorney and threaten with small claims court since the state board is not operational for hearing claims against builders now...
but that means you won't do anything because no attorney would take the case because it would cost more to sue than to walk away...

maybe your agent can shame them into doing the change...
frankly I would threaten to walk in front of their development with a sign that says this builder does not honor contracts...

AND--this is what I think is also causing their refusal
the carpet is cut to lay over a lower pad height
IF they take it up and replay a one inch pad which is higher/thicker--the carpet will not fit--it will pull away from the tack strips I believe when you walk on it or place heavy furniture on it
so basically they have wasted all the carpet they laid--
to relay with a thicker pad would mean laying another houseful of carpet--double the carpet allowance for their build--
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Old 09-14-2009, 10:15 PM
 
16 posts, read 125,339 times
Reputation: 12
This builder has changed things all the time before signing contract. So it was not new to us, but we did not expect that they would still do after the contract. We are thinking now to get back our money and find another home. However, I am also thinking to take an attorney to their office. Thanks for advice
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Old 09-15-2009, 08:35 AM
 
Location: TX
3,033 posts, read 11,028,507 times
Reputation: 1374
who is the builder and what subdivision?
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Old 09-15-2009, 09:13 AM
 
16 posts, read 125,339 times
Reputation: 12
Khov
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Old 09-15-2009, 12:29 PM
 
Location: Dallas-Ft. Worth
108 posts, read 438,934 times
Reputation: 27
I would ask for your earnest money back. I can't believe they aren't honoring the carpet pad. That's crazy!! You also have to think if they are being like this now, how are they going to be during the process of the construction. This is something that is very minor and they are making it a bigger issue than what it really is.

If they do honor it, make sure to get it in writing on a "Change Order Form." Even if the sales manager says he is going to honor it verbally, he necessarily doesn't have to.

Which community is this??
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