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Old 04-13-2003, 10:15 AM
stlouisannie
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Builder/Developer says he won't sell us home/contract was signed 10 mos ago


What is the name of your state? Missouri
We signed a contract with a builder last July to build a new home. He has made several errors along the way, which we fought and got fixed. In March, he sent a letter that if we didnt pay him and additional $10k by cashiers check,he would put standard items in house and sell it to someone else. He discounted the house to us and said he could sell it for more money. We put $10K into escrow for constr. Now he wont give us a final contract price to get final approval from our lender. He halted the pouring of the driveway, and then gave us a new contract with 3 pages of hold harmless agreements that if he doesnt put the road in the subdivision, or put in the lake that is advertised, or if there are defects in the home, we cant hold him responsible. We refused to sign these additions to the original contract, so he refused to sign the final numbers and said if we don't sign he wont sell us the house. We should be closing on our house with the new buyer this week or next. We have to move. The letter he sent in March said he could be ready to close by April 15, and if we didnt close at that time he would charge us for all upgrades already put into the house. Now he WON'T LET US CLOSE!!! HELP! Can a judge put an injunction in making him honor his contract with us?
He has pulled this with other people we are finding out. Discounts the house, builds it then scares the people off so he can sell it for a higher price.

2.Also he has it listed for sale in his new home inventory on his website, and it is being listed by a real estate agent too. Is this legal?

We have contacted our attorney, and are meeting with him Thurs next week. Is there anything we can do in the meantime? We have contacted the better business bureau, and the building commissioners office, and are contacting the attorney general too.

Thank you
St Louis Annie
  #2  
Old 04-13-2003, 10:59 AM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781

Re: Builder/Developer says he won't sell us home/contract was signed 10 mos ago


[quote]Originally posted by stlouisannie
[b]What is the name of your state? Missouri
We signed a contract with a builder last July to build a new home. He has made several errors along the way, which we fought and got fixed. In March, he sent a letter that if we didnt pay him and additional $10k by cashiers check,he would put standard items in house and sell it to someone else. He discounted the house to us and said he could sell it for more money. We put $10K into escrow for constr. Now he wont give us a final contract price to get final approval from our lender. He halted the pouring of the driveway, and then gave us a new contract with 3 pages of hold harmless agreements that if he doesnt put the road in the subdivision, or put in the lake that is advertised, or if there are defects in the home, we cant hold him responsible. We refused to sign these additions to the original contract, so he refused to sign the final numbers and said if we don't sign he wont sell us the house. We should be closing on our house with the new buyer this week or next. We have to move. The letter he sent in March said he could be ready to close by April 15, and if we didnt close at that time he would charge us for all upgrades already put into the house. Now he WON'T LET US CLOSE!!! HELP! Can a judge put an injunction in making him honor his contract with us?
He has pulled this with other people we are finding out. Discounts the house, builds it then scares the people off so he can sell it for a higher price.

2.Also he has it listed for sale in his new home inventory on his website, and it is being listed by a real estate agent too. Is this legal?

We have contacted our attorney, and are meeting with him Thurs next week. Is there anything we can do in the meantime? We have contacted the better business bureau, and the building commissioners office, and are contacting the attorney general too.

Thank you
St Louis Annie

**A: you really should have gotten your attorney involved like before last July.
In the meantime, check out [url]www.hadd.com[/url] as their main officce is in your state.
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