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Old 04-07-2014, 07:32 PM
 
205 posts, read 676,954 times
Reputation: 205

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I am a prospective home buyer and was looking for a home in a townhouse community.

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 in case 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?
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Old 04-07-2014, 07:47 PM
 
Location: San Jose, CA
1,318 posts, read 3,224,560 times
Reputation: 760
Quote:
Originally Posted by infoseeker2010 View Post
I am a prospective home buyer and was looking for a home in a townhouse community.

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 in case 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?
Is there a reason you think you got the run around? Something that would make them think you're less likely to be able to pay what they want? Like race or ethnicity or age or the people that you brought to the place, the gender combination? Did you get a contract or paper from the sales manager saying he would do what he said we would do, or he just wrote it down on a paper pad and didn't give you anything?

I'm not a lawyer, and this does not constitute legal advice. (Standard disclaimer, blah blah blah....)
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Old 04-08-2014, 12:27 AM
 
205 posts, read 676,954 times
Reputation: 205
Quote:
Originally Posted by cardinal2007 View Post
Is there a reason you think you got the run around? Something that would make them think you're less likely to be able to pay what they want? Like race or ethnicity or age or the people that you brought to the place, the gender combination? Did you get a contract or paper from the sales manager saying he would do what he said we would do, or he just wrote it down on a paper pad and didn't give you anything?

I'm not a lawyer, and this does not constitute legal advice. (Standard disclaimer, blah blah blah....)
Thanks for your response.

I am not sure of any discrimination. Regarding ability to pay, I am approved (not just pre qualified) for more than 2X for the home price. So i don't think that would be an issue. But god knows with that **** morons.

We didnt sign a contract or put deposit money because we were "backup". But according to the lottery guidelines laid out by their sales team, the backup guy should be offered the same homesite, same floorplan for same price should the deal with the lottery winner fall apart. I have email conversations with their sales team saying they will contact me if the first deal falls apart. Not sure if that helps.
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Old 04-08-2014, 09:30 AM
 
310 posts, read 614,913 times
Reputation: 297
I know that you're angry but that's just life. It's just bad luck. If you sued, you'd probably lose and, even if you won, you'd only get money and it'd probably be less than $500.

If it's any consolation, new housing developments are a crapshoot. That particular house might seem perfect now but you might be relieved later that you missed out. So many things can go wrong with new housing that you'll never know which unit is best beforehand.
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Old 04-08-2014, 10:20 AM
 
Location: Mokelumne Hill, CA & El Pescadero, BCS MX.
6,958 posts, read 20,129,596 times
Reputation: 6420
I think you should have written an offer at the time of the lottery and had your agent present it.

Sue the builder? Good luck with that.
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Old 04-08-2014, 10:56 AM
 
158 posts, read 322,043 times
Reputation: 104
I don't think they did anything illegal. Unethical, perhaps, but not illegal. (I'm not hearing anything about a contract you might have had with them.)

They can sell to whomever they want, that's the law. I feel for you though. They probably had other buyers that came up, offering more money or something like that, hence the "for $20k more" thing.

My advice is to just walk away. After this drama, would you even want to do business with this same group of people?
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Old 04-08-2014, 11:31 AM
 
158 posts, read 322,043 times
Reputation: 104
I also want to add that lawsuits get very expensive quickly. I'm involved with one now (completely ridiculous, won't go into it). But it seems to me that the absolute best case scenario with the cheapest lawyer fees where they represent you in court, starts at $3k. Really for a more serious case, we're talking more like $6 on up to $20k, or the sky's the limit (goes on to multiple court sessions, delays, motions)... You have to do the financial math here. It's money, time, and stress that it will cost you. And if you really don't have a chance to win, it's a losing proposition all around. You won't get much satisfaction out of "winning", anyway, just a lot of stress. Trust me.
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Old 04-08-2014, 01:03 PM
 
Location: Silicon Valley
3,685 posts, read 8,846,305 times
Reputation: 2991
Quote:
Originally Posted by infoseeker2010 View Post
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 in case 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.
That's probably your problem right there. They get to keep more money if they sell to a buyer without a agent. So that made you a less desirable buyer. I bet the person they sold to didn't have an agent representing them.
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