Cancelling the Contract New Home in Construction

[Lacerta]

Originally Posted by SFOtoAustin

the builder shown me the all the lots and dimension of each lot, but few lots didn't had dimension as like mine, which has some reference like C31.
Main issue, I trusted them.

C31 means refer to the attached chart, and look up Curve 31, which will tell you the length of the curve, usually as well as the radius of the curve and the length of the chord. For example, on my lot, I have a 10 foot section and then a curved section, and I have to add the two together to get my total lot width. The chart is often on the same page, or sometimes, in large subdivisions, they can be on a separate sheet.

All lots (at least in my area), have setbacks. The setbacks define the "building envelope", or the area in which the house can sit. We haven't done much building the last couple of years, so they might have changed, but I believe here it is 20' front, 5' on each side, and 15' back. If your house is "a little inside from the setback", then at worst, you shifted a very small amount of backyard to the frontyard. That is a risk you take on a culdesac type lot. Very normal. The other option was not to have that nook.

If this was a custom or semi-custom build job, which it sounds like it was, you should have had a plan to sign off on before construction started. You should have addressed this issue at that time, instead of waiting for sheetrock stage.

I think you'd have a hard time winning this one, since it sounds like the lot is larger than average for the phase. If the average lot is 60' wide, and yours is 55' at the front and 75' at the back, it is presumably an average of 65' wide, which is larger than the average lot.

Unless you have either a contract that specifies it to be at least 60' at the front, or a plat map you and the builder signed showing the house in a different location than it ended up being, you are pretty much out of luck. You can walk, but you'll lose all the non-refundable portion of your earnest money.

[trbstang]

Having a smaller dimension at the street is standard when a lot is on an outside curve. Our lot is about 45' at the street, and 125' at the back fence, but our section has an average lot size of about 60-65'. Most likely your lot is 60' wide at the building setback line, allowing you to have a 50' wide house and 5' on either side at the closest point to the lot lines. Just because your plan is different than the base one is why they pushed it back to stay within the building parameters. On the flip side, a house on the other side of the curve will likely have a larger front yard and smaller back yard but still retain that 60' wide dimension. The problem is the 60' wide is not a minimum width, but just a standard lot size designation for that section. Granted, you SHOULD have received and signed off on the survey plat before they started construction. I believe we signed the contract, gave them the earnest money, they did the survey plat and we approved it and then they got the developer's approval before we paid them anything else and then they started construction. If we had selected a different elevation on our house, one that has a larger front porch, ours would have been pushed back further too, but we decided to save the upgraded elevation money instead.

Good luck on it, but it sounds like you don't have an option and maybe made a rash decision to just cancel it. I'm sure the builder jumped at the opportunity and will try to sell it for more to the next buyer if you can't come to an agreement now. Personally, to me, the issues you have would not be enough of an issue to blow away $18K if everything else is going along well.

[veuvegirl]

Speak to an attorney, if anything he/she will be able to give you a straight answer so you know how to move forward.

[tsimmu]

Why not just buy an existing home? No more habitat destruction and you know what you're getting up front? Seems like less of a headache. Best of luck regardless.

[gv28]

I don't know if this helps but
You were looking for a
"definition for 60' "
and so I have done you a solid and looked it up
in my Funk & Wagnall's.
It says:
(under the 60 column)
60' : 60 f'g feet
That's it, no elaboration.

An important factor in the typical loss of some of the backyard on a cul-de-sac lot is that it sometimes results in not being able to put in a swimming pool.


Personally I think if you shake the trees enough and have an attorney that you will get your deposit back. Get creative.

[mig1]

You trusted them, why even bother to sign a contract if you trusted them, to quote Judge Judy "if it is not spelled out in the contract, it does not exist".

Anyway, why would you want to buy a house on a cul-de-sac, these generally appeal to family with children, it's a dead end playground for kids to run around in, leave their bikes, balls, toys, skateboards, scooters, shoot basketball, play baseball (watch out for yer windows and cars getting hit), cars parked on street (good luck getting into your driveway when someone has a party), houses are clustered together. . . you get the picture, no thank you. Unless it's a 55+ community or you had the entire dead end to yourself, I'd cancel the contract because it's a cul-de-sac and not because of a five foot setback, the premium you pay is not worth the aggravation and lack of privacy, good riddance.

[nkull]

Offtopic, but RE: your cul-de-sac comments I have always loved homes in cul-de-sacs ... I don't have one now but would not hesitate to live in one again. I have always been lucky with my cul-de-sac neighbors, and I guess a bike in the cul-de-sac on occasion, kids playing, and the occasional cul-de-sac BBQ isn't something that annoys me.