setbacks

[rceric51]

What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state? Forida.
We signed a contract for a custom built home and gave a 10% deposit. The builder then cames to us and stated they could not build the plan in the contract because it does not have a forty feet setback. The plans had only a 25 feet setback. We researched and the builder specifically requested a 40 feet setback three years ago when they initally purchased the land. They had their architect draw up a new modified plan to meet the 40 feet setback requirement. However, we do not like the modified plan. We have since found out he builder approached the property owner in the rear, offering $40,000 for the 15 feet of property to meet the original plans (before informing us of their mistake). The property owner requested $100,000 and the builder rejected that offer. The property owner intitally refused a variance. The builder has since told us we had to either sign an addendum for the modified plans or they are cancelling the contract. What is our legal rights as it was the builder's unilateral mistake and breech of contract? The contract is for 1.5 million dollars and the value has increased over $150,000. since we signed the contract.

[JETX]

Originally Posted by rceric51

What is our legal rights as it was the builder's unilateral mistake and breech of contract? The contract is for 1.5 million dollars and the value has increased over $150,000. since we signed the contract.

Pending a full review of the contract, your 'rights' are to accept their revised 'deal' or cancel the contract and move on. You can't get awarded for 'damages' you didn't incur.
For what you assume to be a $150k 'hit', wouldn't it be reasonable to spend $500 to have a local attorney read the EXACT contract, review the facts and advise accordingly??

[HomeGuru]

One signs a $1.5 million contract without an attorney? Nuff sed.