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We got into a contract with a new home builder, should have known that there was a problem when the real estate agent messed the contract up multiple times causing me to drive several hundred miles just to get the contract signed. This is not the problem though, the problem is that 2 months into the build they decided to build the home next to ours. It turned out that this house was being built nearly in front of ours. We asked multiple times what the layout of the houses were going to be and never got an answer as they said they did not know. Both my realtor and the seller realtor agree that the house is terrible placed and would be nearly impossible to sell our house in the future. Is there any way we can get out of the contract based off of disclosure, neglect, or even the fact that deciding to placd a house there drops our property value?
Well yes, obviously we read the contract. We also didn't sign the contract with the intention of purchasing a house with another house built in front of it. So no it didn't have a specific way out due to this reason. I was wondering if anyone had experience with this and could give sound advice before we spent 1000 dollars on a lawyer. Also majority of builder contracts are pretty similar and was wondering if there was anything specific we should be looking for. Canceling a contract is an easy way to lose 9k, that is not really what we are looking for as money does not grow on trees.
Well yes, obviously we read the contract. We also didn't sign the contract with the intention of purchasing a house with another house built in front of it. So no it didn't have a specific way out due to this reason. I was wondering if anyone had experience with this and could give sound advice before we spent 1000 dollars on a lawyer. Also majority of builder contracts are pretty similar and was wondering if there was anything specific we should be looking for. Canceling a contract is an easy way to lose 9k, that is not really what we are looking for as money does not grow on trees.
I can assure you the builder is not under any obligation to inform you of how they will position a house on ANY lot. The house would be positioned within the building setback lines and as close as possible to the front building line to keep concrete (driveway) costs to a minimum.
If this had been a real concern you should have had the forethought to ask the right question(s). You could try the "squeaky wheel" approach and nag until they cave. Or you could try the "can we negotiate another lot". Either way, if you have $9k down in earnest monies you're losing it or making the best of what you're buying.
I've had several walk on contracts-and earnest money stayed with me. And in your particular case, if my onsite agent made a statement like that- agreeing with the client, they would be fired. They don't represent you. And, if the general consensus was "that house is in a bad position" for the other (your contract) house, I'd be more inclined to hold your feet to the fire because I don't want to have a house I can't sell.
I realize these are not the kinds of words you were hoping to hear- but, as the ol' sayin' goes- "Buyer Beware!"
I agree probably not the best thing for their agent to say, it is terrible that at the cost of the buyer what a developer is willing to do. The developer is going to get his money from someone, he is only taking money from someone who worked hard to get it. I also understand you are speaking the truth and thank you for your comment. Sad to screw someone in a quarter million dollar purchase. I will say that it was not only the agent who said this, but also the builder, as he went back to the developer and suggested they not build there. It shows a true lack of character for this developer and the only solace he has is the fact that he has offered us buy a different lot, tough option considering we have dogs and want to start a family and no other lots left have a back yard and the other option for him to pay our hoa fees for a couple years. This either leads me to believe that he is human and feels bad or that he made a mistake and is trying to cover his tracks.
Did you know there was a building lot nest to yours when you bought the lot? You said you never got an answer. Did you think how you would place the house if the other lot was the one you were building on? Did you try to contact the buyer of that lot to see what their intentions were?
Without seeing the lot layout and positioning it is hard to have an opinion on the issue
Lawyer up! It is going to cost you some money no matter what, either now, or down the road when you want to sell.
"Lawyer(ing) up" will get you "legal representation" that's it. Builder contracts are pretty much "iron-clad"- and yes, they do tend to lean in the builder's favor. Besides that, most also have an arbitration clause. So don't think your going to take it to court- it ain't happenin'!
So yeah, you pay now or later. But, as the OP mentioned (and I stated previously) there is an offer on the table for a different lot.
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