New House Purchase - Builder not honoring Price Markdown Guarantee

[bestoption]

What is the name of your state (only U.S. law)? GA

I purchase a house about 18 months back under a committment that if the price of the house goes down prior to the closing, the builder would lower the purchase price of the house. The sales agent committed that his was a publicly advertised information and that the Builder is committed to honoring it.

Since this was publicly advertised, i did not get the same in wirting from the Builder. Now he honored only half of the price markdown and is not willing to honor the other half. I had to close on the house - had i not done that - i would have had no place to keep my family - since this happend a week before closing.

The Sales agent did e-mail me a Rider when i pressed upon her that confirms that i have met all the conditions of the Price markdown guarantee - like going with the Builder's Mortgage company etc.

I think i have a strong case against the builder given the e-mail document and e-mail exchange prior to Closing - indicating that i am pretty much being coerced into the house without getting the price mark down - lest i would not have a roof on my family's head.

I was looking for some advice on how strong my case is and if a small claims court would be the best alternative or should i seek assistance from a professional lawyer.

[HomeGuru]

Originally Posted by bestoption

What is the name of your state (only U.S. law)? GA

I purchase a house about 18 months back under a committment that if the price of the house goes down prior to the closing, the builder would lower the purchase price of the house. The sales agent committed that his was a publicly advertised information and that the Builder is committed to honoring it.

Since this was publicly advertised, i did not get the same in wirting from the Builder. Now he honored only half of the price markdown and is not willing to honor the other half. I had to close on the house - had i not done that - i would have had no place to keep my family - since this happend a week before closing.

The Sales agent did e-mail me a Rider when i pressed upon her that confirms that i have met all the conditions of the Price markdown guarantee - like going with the Builder's Mortgage company etc.

I think i have a strong case against the builder given the e-mail document and e-mail exchange prior to Closing - indicating that i am pretty much being coerced into the house without getting the price mark down - lest i would not have a roof on my family's head.

I was looking for some advice on how strong my case is and if a small claims court would be the best alternative or should i seek assistance from a professional lawyer.

**A: you do not have much of a case since the deal is whatever is in writing.
Since you did not have the "buy at a lower price" clause as part of the contract, it is not enforceable.

[bestoption]

Thanks HomeGuru.

Would this not fall under the category or mis-representing information. Does a home builder need not abide by general ethics of selling their product to the customer.

The builder pretty much mis-represented the information and kept me in dark regarding the price details and certain upgrades in the house - e.g. the Basement waterproofing has not been accomplished as per what was document in the contract.