can I get my deposit back

I am trying to have a house built here in texas and have put in about 5,000 deposit with a local builder. things have gone well until recently when i discovered that they are going to angle the driveway clear halfway across the front yard to comply with city codes for the culvert(drainage) located on the right side.
it was clear from our conversation with the builders rep that they plotted the house wrong on the lot ( they typically put the driveway on the opposite of drainage). they say they will do whatever they can to make it work. my questions are:
1)am i wrong to think that if i pursue this it will eventually haunt me when i sell the house later on because of the oddity of the positioning of the driveway?
2)legally can i demand to get all the money i've put down even if i signed a non-refundable deposit builder contract?

[HomeGuru]

1. no. I would not buy a home like that.
2. I don't know. In my opinion you should be able to based on the change.

thank you very much for your reply Home Guru. Since my last posting they have said they are willing to let us back out with all our money back. However this really puts us in a bind since
1) we were counting on moving in by april which would time it well with the end of our lease in may.
2)if we start over building again in this community (that we like and works for our price range) chances are interest rates will not be as good as they are now.
3)do i have a case aginst them for any breach of contract?
4)is it reasonable to say that they pay an additional points (if we build with them gain) if interests do go up and put that in an agreement. if they start now they won't finish until july.
I feel so helpless when they say the've done the most by letting me go. It is so unfair.

[HomeGuru]

Take the money and move on.