Do I Have A Valid Case? (Home building) (Taylor, Cove: real estate, credit)

[baggiegenes]

Most home builder contracts have a clause that says something like the builder will attempt to deliver on the floor plan you saw but can make any changes or modifications they want without notice. It is completely to protect the builder in cases like this. You can push and make some noise and see if they will do it for customer satisfaction reasons, but my guess is you won't legally have much of a case.

You can start nit picking on every little thing from now on and start saying you aren't going to close until all that tiny stuff is fixed but you run the risk of them canceling your contract on you and just selling it as an inventory home to someone else.

[diggity101]

read the contract and see if there is any language about changes.

They can just argue that the web page is there to illustrate general layouts. In the end, it's all about what you signed.

As others have mentioned, you might try to appeal to their customer service people, but that's about it.

[DSL_PWR]

No you don't have a case. "All plans are subject to change" is written somewhere in the contract and that solves this issue.

[Lowexpectations]

What would your proposed solution be? If they extended the patio 4 foot it's going to look a little off. If you are going to have a pool and decking put in it would look much better of those guys tied into the current patio

[kbayer]

Originally Posted by DSL_PWR

No you don't have a case. "All plans are subject to change" is written somewhere in the contract and that solves this issue.

So are you suggesting that they could have just not included a patio and still been "ok"? Could they have made the bedrooms smaller? Or used laminate instead of hardwood, etc., simply because of that one stipulation? At some point it just get's silly... it can't all be grey area, right?

[Lowexpectations]

Originally Posted by kbayer

So are you suggesting that they could have just not included a patio and still been "ok"? Could they have made the bedrooms smaller? Or used laminate instead of hardwood, etc., simply because of that one stipulation? At some point it just get's silly... it can't all be grey area, right?

No need to create strawmen. Using laminate vs hardwood isn't a variation or allowance used between floor plans and construction.


Fwiw this is at the bottom of every david weekly floor plan on their site

Figures reflecting size, square footage, and other dimensions are estimates; actual construction may vary. Size/square footage and price of your home may vary based on bonus rooms and options selected. Floor plans may vary according to elevation. Prices, plans, dimensions, features, specifications, materials, and availability of homes or communities are subject to change without notice or obligation. Please contact us to verify current information. Illustrations are artist's depictions only. They may differ from completed improvements and may change without notice.

Secondarily I would never buy something based on dimensions listed on a website especially Ipin a contruction scenario. I would measure in person before purchasing but it sounds like the OP did it in reverse

[Prey521]

Originally Posted by Lowexpectations

What would your proposed solution be? If they extended the patio 4 foot it's going to look a little off. If you are going to have a pool and decking put in it would look much better of those guys tied into the current patio

Solution would be to redo it the correct way, a 19x8 fully covered patio.

Originally Posted by Lowexpectations

Secondarily I would never buy something based on dimensions listed on a website especially Ipin a contruction scenario. I would measure in person before purchasing but it sounds like the OP did it in reverse

We're building the house......it wasn't an inventory home that was already in the process of being built. From day one that patio's been 19x8.

[CptnRn]

I would discuss it with an attorney. The size difference is significant. If it were only a foot or two maybe I'd accept it, but that is a huge difference and you have suffered damages having bought furniture to fit what they know is depicted on the website. I'd document the conversation with the new home sales rep, that they knew the website photo was wrong and has been for some time, but they left that misleading information up there.

[Lowexpectations]

Originally Posted by Prey521

Solution would be to redo it the correct way, a 19x8 fully covered patio.




We're building the house......it wasn't an inventory home that was already in the process of being built. From day one that patio's been 19x8.

Is the patio already poured?

[Prey521]

Originally Posted by Lowexpectations

Is the patio already poured?

Yep, poured and the cover already in place