Can I sue the builder, Milpitas, CA (2014, sales, condominium)
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I am a prospective buyer and was looking for a home in a townhouse community in Milpitas, CA
During the first release, 03/29/2014 we were interested in only one house and went to the lottery. Unfortunately another couple had their number called before us and they selected that home. We were right after them. So we told the sales manager to put us as backup incase the first couple backs out. After the lottery our realtor spoke to the two sales managers and they assured us that we will get the home should the first guy back out. After coming home I emailed them again just to reiterate since they may forget what happened. They both replied saying they are aware of it and will definitely let us know. I have those two emails. My wife called them again on Wednesday and they said the deal with first couple is still on.
This weekend we visited their sales office and we ran into the first lottery winner and he told us that he had backed out on 03/30/2014 morning itself. We were like ***** is this. Those sales managers have been lying to us all along. We talked to them and they finally acknowledged that they messed up and sold the unit to someone on Sunday evening itself. ***** holes. I emailed their CEO detailing entire incident and he responds that he will offer me another home, similar to the one we were interested in but for $20,000 more. Thats the best he can do. We are really frustrated at this morons and want to know if we have any legal right in this matter??
As proofs for this incident, we have
1) all the people who came in initial lottery who the sales manager writing us as backup
2) emails from them assuring we will get the home if the first buyer backs out.
3) our realtor's word that she spoke to the sales managers.
Do we stand any chance against the billion dollar guys with army of attorneys?
I am not sure what you expect to get from the builder. An apology? A condominium?
The question is how were you injured other that your feelings were hurt? You can sue and claim that they lied to you, but they will just claim they screwed up.
It will cost you way more than it is worth just to teach them a lesson.
I am not sure what you expect to get from the builder. An apology? A condominium?
The question is how were you injured other that your feelings were hurt? You can sue and claim that they lied to you, but they will just claim they screwed up.
It will cost you way more than it is worth just to teach them a lesson.
I dont expect any freebies from them. I think I should be offered similar homesite, similar floorplan for similar plan. According to me that the least they can do for all the chaos their sales team caused. Can they just get away with "claiming we screwed up". Isn't there any law protecting small individuals like me against big corporations?
Quote:
Originally Posted by Rabrrita
Did you sign any contract for the purchase or backup purchase of that specific property?
Did you give any sort of deposit for that specific property?
We didn't have any deposit or sign an contract. But according to the lottery guidelines laid out by there sales team, the backup guys have to be offered the homesite for same price should the deal with the lottery winner break.
We didn't have any deposit or sign an contract. But according to the lottery guidelines laid out by there sales team, the backup guys have to be offered the homesite for same price should the deal with the lottery winner break.
No contract means no lawsuit unless you can prove the builder is consistently using this kind of "bait and switch" sort of thing. That typically means involving your state's attorney general (or similar office).
Isn't there any law protecting small individuals like me against big corporations?
Protection against what? You weren't injured. You wanted something and, unfortunately, did not get it. You had no contract with them.
Quote:
Originally Posted by infoseeker2010
But according to the lottery guidelines laid out by there sales team, the backup guys have to be offered the homesite for same price should the deal with the lottery winner break.
I dont expect any freebies from them. I think I should be offered similar homesite, similar floorplan for similar plan. According to me that the least they can do for all the chaos their sales team caused. Can they just get away with "claiming we screwed up". Isn't there any law protecting small individuals like me against big corporations?
We didn't have any deposit or sign an contract. But according to the lottery guidelines laid out by there sales team, the backup guys have to be offered the homesite for same price should the deal with the lottery winner break.
If you had no contract other than a email promise you got nothing. You suffered no financial loss. I can promise anything I want I don't have any legal duty to actually follow through with it. There is no law protecting you in the way you think.
The guidelines you speak of are they a legal contract when you are entered in the lottery? They made a mistake acknowledged it and then offered you a replacement. I'm not sure what more you want.
What you are is an unhappy customer. Nothing illegal about having unhappy customers.
You need to elevate your complaint to the salesman's boss and be very clear on what you reasonably want.
Maybe they will try and change you to a Happy Customer and also sell a house.
That would be a win win for all.
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