We are building our first home! We are in a ratified contract and they just started the framing. First off, let me say we are fustrated for several reasons. The person who sold us the home quit two days after we signed the contract. The sellers have switched us from person to person. Our home was supposed to be done in 90 days (July 16) but they are saying it will not be done until early Sept. Today we got a call about the bathroom. When we picked our house plan and all of the options, a big selling point for us was paying the extra $3000 option and getting an upgraded bathroom. (Instead of a 32" tub with a shower head we would get a 42" tub and a walkin shower with glass between the tub and the shower.) We found out today that since this is the first home of this plan that the seller is building there was some mess ups in the measuring of the master bath. The master tub will not fit in the bathroom. They gave us two choices to fix this problem. Go from a 28" bathroom door to a 24" bathroom door OR downsizing the tub from 42" to 32" and putting a wall up instead of glass between the bath and the shower. We are very upset with this as neither are very good solutions. My husband is a big, muscular guy who can't fit through 24" door frames and the 32" tub is very small and doesn't look as good in the bathroom. We were hoping that by choosing between these two the sellers would give us something in return since this isn't what we paid for. By giving us some of the money back from the $3000 option we paid for or doing something extra that makes all this worth it. We are waiting to here back but the new seller said the builder and management would probably not give anything in return. We had hoped this would be the perfect first home for us and we are now worried about resale value for the home. Any opinions would be helpful on what we should do? Also, if they don't offer anything, can we get out of this ratified contract? What should we do? Thanks...
KGrunnin5, Welcome to the Real Estate Boards - sorry it is under these circumstances but glad you posted as I think you need TO TAKE ACTION IMMEDIATELY based on the little I could figure out from your initial post starting this thread.
First of all, you say you are building your first home? Doesn't sound like that from what I have read. Instead, you are paying for SOMEONE ELSE to build this house and the "rules" have already started changing on you - first the bathroom, doors and amenities. Who knows what will come next?
Sounds like you bought into a development with some challenges from prior fianancing that went by the wayside - started up again - and found some new buyers. Unless you are willing to settle for whatever the new development throws your way, you need to contact a qualified real estate attorney immediately to protect your investment.
Why am I saying this? Because the "new seller" is telling you that the "new builder and management" probably wouldn't give you anything back in return even though, so far they have only modified your bathroom - what do you need to realize that things are going very wrong? Looks like everyone is passing the buck and planning to leave you out to dry.
As far as the so-called "ratified contract?" Who told you that? The same people you are dealing with? Stop writing any checks, consult with an attorney well-versed in real estate matters where this property is located and let us know what happens.
Basically, you have two choices - lay down, accept an inferior product or stand up and take the steps to make sure you are getting what you paid for. Good Luck....
Hi KGrunnin, I see you are also in SC, what part?
Unfortunately your problems show why even when the builder's agent says it is not necessary - even when buying new construction you need your own agent representing you. The agent who sold you the house did not represent you or your interests - they worked for the seller. Everyone you will deal with from now until closing works for the builder.
I hope you come back and clarify for us. Are you saying the salesperson left the builder shortly after you signed your contract? If so that has no bearing on your situation.
Without knowing which part of SC you are in, where I am on the coast we have had a very wet winter plus getting the county to do some of their inspections due to an increase in construction recently has also slowed things down.
About the change in house - that sounds like a material change. If you have everything you selected in writing with approval from the builder you should hold them to the original contract. I am guessing what they did was take a linen closet out of the master bath in order to fit the new tub and shower. I would insist on meeting with someone else to discuss face to face other alteernatives. There are things they can do but will cost the builder more money. What they are trying to do is slide this in at no additional cost to them and a considerable inconvenience and disappointment to you. Ask if there is a little more room they can take from the master or another room, bump a wall out 2 feet. It is not that expensive for them to do a bump out bay for the bath unless they have already poured the foundation.
If it is a smaller builder you should be able to get the bath you want. If it is a larger builder - raise a ruckess and get some thing really good in return for giving up your dream bath - free tile in the kitchen, carpet upgrade, etc. in addition to No Charge for the bath upgrade because it is not the upgrade you paid for.
EDITED TO ADD -
One additional point - are you using your own closing attorney? Many times to sweeten the deal builders will offer reduced closing costs if you use their attorney. That means if there is a conflict between you and the builder all the way to closing - you will have to find another attorney to represent you at that late date!
If you have your own closing attorney - contact them now and discuss your current options.
Good luck!This message has been edited. Last edited by: Charming,
Personally I rather deal with the problems of an older home, than with new construction. some of these developers are something else. Good luck to you and yes consult with a Real Estate Atty. ASAP
We have had several homes built, and it sounds like you are working with an inexperienced or incompetent builder. Good luck with your home, but if I were you, I would have hired an experienced real estate attorney before the contract was signed. Seems like you're stuck with accepting whatever the builder wants to do at this point.
You had no representation by either you own Buyers' Realtor or Real Estate Attorney it sounds. At this point, I would consult/hire a Real Estate Attorney to guide you through process,and handle problems through to closing.
I hope the OP comes back. I'm pretty sure they didn't have a buyer's agent - but so many builders will get the buyer to agree to their attorney for reduced closing costs. If they answer my questions we would be better able to give suggestions.
I second/third/fourth the advice to seek assistance from a real estate attorney. The builder appears to be in breech of contract. Personally, I wouldn't accept any work arounds that involve stealing space from a surrounding room. If this were my house, the builder would be dismantling part of it to rebuild it the way it should have been done or I'd walk.
In fact, I might walk anyway out of concern that the builder took other short-cuts or made other mistakes that are hidden behind the drywall.
I think the OP has very legitimate concerns, but I've seen where even the largest national builders introduce a change in a floor plan and it not work out as expected. One of our local builders added a bonus room to one of their more popular floor plans. To get the stairs to work they adjusted the layout of the kitchen. My clients were the first to purchase this plan. The wife and I were looking at the floor plans and the measurements and we both told the sales agent they would have to rearrange the kitchen! The way it was laid out on paper looked great but the refrigerator door would propbably not open all the way because they put it at the end of the counter across from the penensula with the sink and dishwasher. Not a huge change but it would have been annoying for the homeowner.
I think if the foundation has not been poured they need to stop everything and get it corrected. If they are working with a reputable builder it should not be a porblem. The front line people are going to make suggestions that are cheaper and easier for them, not taking the clients needs and desires into consideration. If the OP has the face to facee and cannot get satisfaction then halt everything and go to an attorney.This message has been edited. Last edited by: Charming,
|Powered by Social Strata|