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Expensive lesson learned (hopefully not). Buying a new home is a complex process, fraught with issues even when an experienced Realtor is involved.
1) I would try to resolve your issues informally to the mutual satisfaction of you and the builder. State exactly what you want, in writing, with a timeline for response.
If that doesn't turn out well ..
2) Have a real estate attorney review your contract and advise you of your options.
I saw your initial other post in the Austin forum as well. You've made so many beginner mistakes, and are so over your head, you really may want to go straight to #2 above.
If you end up cancelling out, don't beat yourself up over it. Builders prey on buyers who walk in unrepresented and clueless about the process. You simply didn't know what you didn't know, didn't know the right questions to ask. Common mistake, don't feel too bad. But now you have to decide how to proceed.
We expected soft-copy of signed document only contain what we signed but never expected it would contain additional document which we we weren't aware of and never brought to our attention during signing.
But, you did not sign where he made changes? Have you confronted them with changing the contract after you signed? The others have provided a great suggestion about getting out of the contract for hoa docs. Only an attorney can properly advise you, but new homes are typically the builder's way or the highway.
But, you did not sign where he made changes? Have you confronted them with changing the contract after you signed? The others have provided a great suggestion about getting out of the contract for hoa docs. Only an attorney can properly advise you, but new homes are typically the builder's way or the highway.
The design specification document (Lists what to pick can't pick) is not singed by us. Builder sales rep added it as last page to signed contract and sent it to us.
1) I would try to resolve your issues informally to the mutual satisfaction of you and the builder. State exactly what you want, in writing, with a timeline for response.
Exactly how I was going to reply. No one gets out of HOA disclosure laws. Mandatory delivery and review. Builders and FSBOs included.
I just went through a Builders Contract I received 2 days ago from a major regional builder. It does disclose the existence of an HOA but nowhere does it give any type of right to terminate. I've got about 6 new homes under construction and do 15-20 a year. Here in TX I've never seen the Termination option in the Builders contracts. The State contract does have the termination right.
State laws do vary and OP is in TX.
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