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Old 01-17-2008, 08:38 PM
 
Location: Durham, NC
381 posts, read 1,325,960 times
Reputation: 231

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Please see my last post on the Brighteaf thread. I would really appreciate some advice. I'll go back through my paperwork, but I suspect I'd be stuck with my out-of-pocket costs. I never anticipated they'd change the character of our side of the development by going from 4-sides brick to front-only.

I feel sick.

If I walk, and they don't refund my money, I'd be out about 20k. While I'd like to get that back, that doesn't even really factor into my thoughts about it right now.

Mike
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Old 01-17-2008, 09:08 PM
 
Location: Durham, NC
381 posts, read 1,325,960 times
Reputation: 231
Default Here is the letter they sent

Quote:
I hope you are doing well. Thank you for taking the time to speak with me over the phone this week. As discussed the changes in product and specifications will occur over the next coming months. Note: none of these changes will be applied to your new home.

Shea Homes always strives for continuous improvement. With that said, we are planning to introduce new plan designs plus offer existing plans in both the Glenn and the Ridge. In addition, we are changing some of the specifications both interior and exterior. The specification changes will be that some of the current included features will now become an option. For example, four sides’ brick will be an option rather than an included feature. Hardwoods in the dining room will be an option rather than an included feature. All specification changes have not yet been finalized but should roll out in the near future.

Should you have any further questions please do not hesitate to call me or e-mail me. The Shea Team is looking forward to having you and your family at BRIGHTLEAF!
Sounds to me like they are also going to mix the smaller homes from the other side of the develpment (Ridge) in with our side, in addition to killing the 4-sides brick and hardwoods.

Thanks in advance for any thoughts or advice.

Mike
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Old 01-17-2008, 09:36 PM
 
7,148 posts, read 4,742,203 times
Reputation: 6502
Wasn't it spelled out in a contract as to what your home would include? I don't get why they would keep your 20k if the contract isn't fulfulled. I'm not a realtor so don't know, but this sounds crazy to me. Just do your homework and see what's really up with this.
Best to you,
toodie
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Old 01-17-2008, 09:41 PM
 
3,021 posts, read 11,060,029 times
Reputation: 1639
Quote:
Originally Posted by toodie View Post
Wasn't it spelled out in a contract as to what your home would include? I don't get why they would keep your 20k if the contract isn't fulfulled. I'm not a realtor so don't know, but this sounds crazy to me. Just do your homework and see what's really up with this.
Best to you,
toodie
The issue is not Mike's personal home. As the e-mail states, his home is not affected by these changes. However, the homes that are yet to be built around him will be affected and it appears that the quality may not be as high as Mike's house. So Mike's neighborhood will not look the way he expected. He could end up with the nicest house on the street ... which is not necessarily a very good thing.
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Old 01-17-2008, 09:43 PM
 
Location: Raleigh, NC
12,475 posts, read 32,249,243 times
Reputation: 9450
Ok, its late and maybe I"m missing something but Mike, didn't the letter say that your house wouldn't be changed? If you signed builder contracts, you probably signed a "standard feature" sheet, showing that your house was to be brick. They can't change that now. Am I missing something?

Vicki
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Old 01-17-2008, 09:57 PM
 
997 posts, read 4,645,488 times
Reputation: 352
Quote:
Originally Posted by MrsSteel View Post
The issue is not Mike's personal home. As the e-mail states, his home is not affected by these changes. However, the homes that are yet to be built around him will be affected and it appears that the quality may not be as high as Mike's house. So Mike's neighborhood will not look the way he expected. He could end up with the nicest house on the street ... which is not necessarily a very good thing.
Good eye, Mrs. Steel. Sorry to hear that your section may not be as you had hoped it to be. Have you tried negotiated the contract price with them?I would consult with an attorney to see if maybe you have any recourse. Most don't charge for a consultation.

I have not been to that community yet but from the sounds of the letter it seems they are trying to attract more buyers by lowering the price a bit and making the hardwood and brick an option.
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Old 01-17-2008, 10:05 PM
 
Location: Raleigh, NC
12,475 posts, read 32,249,243 times
Reputation: 9450
Quote:
Originally Posted by jln69 View Post
Good eye, Mrs. Steel. Sorry to hear that your section may not be as you had hoped it to be. Have you tried negotiated the contract price with them?I would consult with an attorney to see if maybe you have any recourse. Most don't charge for a consultation.

I have not been to that community yet but from the sounds of the letter it seems they are trying to attract more buyers by lowering the price a bit and making the hardwood and brick an option.
Now I get it. Sorry. I'm in agreement with jln69. They are not going to want you to cancel your contract NOW so hopefully they'll work with you to keep you happy and to close as scheduled.

However, if you don't get any satisfaction from them, your best bet is to read totally through your paperwork that you signed and see if there is any mention of the "what if" sanerio. I can't remember if you had a buyer's agent but if you did...she should help you out.

Vicki
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Old 01-17-2008, 10:30 PM
 
Location: Durham, NC
381 posts, read 1,325,960 times
Reputation: 231
Thanks, guys.

As noted, the isssue is not our house. It would remain unchanged. Unfortunately, there is now a very good chance it would end up as the 2nd most expensive house (after the model) in the entire development. That is really not a good thing.

I'm reading through contract language now. I pretty much know what to expect it to say (I am an attorney and used to do closings), but I'll make sure. I sent a note tonight indicating I was very disappointed and considering walking away. I did not ask for any concessions or price cuts; I just want to see how they respond.

Unfortunately, our son overheard my wife and I talking. He then told his sister. So we had the joy of spending an hour with a sobbing 10-year-old girl who felt like her dreams had been stolen. It took her awhile, but she finally understood the stewardship aspect of it all.

Anyway, we'll see how it plays out. Thanks again for the thoughts and advice.

Mike
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Old 01-18-2008, 05:24 AM
 
Location: Wake Forest
2,834 posts, read 12,035,513 times
Reputation: 1061
Mike

It kind of reminds me of the first development we lived in. We bought one of the first homes in the neighborhood (it was a spec home) and they told us and showed us plans about how the neighborhood was going to look when it was built out. Of course, the paperwork stated the developer could change his mind, etc. Within 6 months of closing, the developer sold the property to another developer and the quality of the homes went WAY down. The new person ended up building these ridiculous little tiny homes with attached garages (the "appeal of the neighborhood was custom built homes with detached garages and alleys). Anyhow, we stayed for 4 years then sold. Definitely read the fine print, and hopefully it will work out.

Leigh
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Old 01-18-2008, 05:28 AM
 
9,680 posts, read 27,167,824 times
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That happened to us in New Orleans with a second phase built like junk to get price down.

Probably nothing you can do if your home is built as promised. Run it by a lawyer.
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