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Old 10-17-2007, 11:39 PM
 
10 posts, read 51,488 times
Reputation: 11

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On October 2nd, I signed a contract and put down earnest money on a new house build in Gilbert. I'd been looking at the property for several months, and was waiting for a particular lot.

When the lot I was interested in became available, I signed the paperwork and gave them the earnest money. I paid a premium for the lot (of $3000), but it was the one I wanted, so I was satisfied.

I've since gone through the 5 hour ordeal of choosing my upgrades. Mentally, I've already moved in.

Today (while I was at work), I received a voicemail from the salesperson saying there was an error and that the "broker" has changed their mind about the lots. Apparently they released the wrong group??? When I went to the sales office the other day it showed 3 other lots sold in addition to mine in that area, so this isn't just affecting me.

Can they do this? I have a contract that specifies the lot I picked out. I'm sick to my stomach and livid. I left her a message when I got home from work informing her that the suggestion of a different lot was unacceptable, that I have a contract for that specific lot, and that I am MOST displeased.

Do I have any recourse?
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Old 10-18-2007, 12:02 AM
 
Location: Southern Arizona
9,601 posts, read 31,690,674 times
Reputation: 11741
Absolutely, Jabs . . . you definitely have "recourse" since the specific lot is specified in your contract.

Your best weapon is your back . . . clearly state your demands and then WALK AWAY.

In this market, the last thing a builder wants and/or needs is a SALE GONE SOUTH.

Good Luck!
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Old 10-18-2007, 12:51 AM
 
89 posts, read 448,591 times
Reputation: 54
I see 10k discount on your home at different lot.
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Old 10-18-2007, 06:59 AM
 
27,337 posts, read 27,390,428 times
Reputation: 45874
I see the same.
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Old 10-18-2007, 07:23 AM
 
343 posts, read 552,217 times
Reputation: 44
The builder's loss, or screw up, is your gain. Put up a HUGE stink and see what they do for you. If they don't make you happy, walk away. The ball is in your court.
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Old 10-18-2007, 09:39 AM
 
551 posts, read 2,725,598 times
Reputation: 261
Since the builder is modifying (basically breaking) the contract, you should at least be able to get all of your money back -- and find a better builder. On the plus side, odds are that whatever you find next will probably be priced a little less as well! :-)
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Old 10-18-2007, 02:05 PM
 
Location: Oxygen Ln. AZ
9,319 posts, read 18,743,008 times
Reputation: 5764
I believe you do have recourse and can walk away if you do not accept the alternative lot. If they have not coutersigned the contract it is only an offer to purchase. If they have signed it, then read the fine print. What a shame and I hope it works out for you.
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Old 10-18-2007, 02:09 PM
 
Location: Boise / Eagle, Idaho
306 posts, read 1,247,715 times
Reputation: 246
Default realtor here...

make a HUGE stink ... cry FOUL ... demand your money back and call AZ on your side or another news station.

Make them honor your contract or WALK!!
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Old 10-18-2007, 02:10 PM
 
Location: Tucson
42,831 posts, read 88,143,589 times
Reputation: 22814
Quote:
Originally Posted by Power Surge View Post
I see the same.
Me, too.
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Old 10-19-2007, 11:59 AM
 
10 posts, read 51,488 times
Reputation: 11
Well, they decided they didn't want my money.

They offered me an inferior lot (very different from the one I was contracted for) and 10K at the design center. I told them to stuff it.

Right now it looks like I won't be building at all, as I'm not able to find the same size place for as inexpensive as they could offer it.

Oh, by the way, it was Trend Homes. Stay away at all costs if you can. They're a bunch of bait and switch crooks.
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