R
readytofight
Guest
What is the name of your state? TEXAS
We are the first home being built in a new subdivision. We signed the contract 10/10/03, and the house is still not complete. This is in a very rural area and we wanted to be sure there would be other homes going up soon in this new community. We were were told that around 20 something homes had contracts. That was a lie. Later we found out (after signing the contract) we are the only sale. STILL 10 months later!
We have been extremely unhappy with how the work has been done (builder has had to redo almost everything because specs were not followed). We feel the house has been poorly built. The roof has had to be repaired because the builder installed gas hot water heater vents and the house does not even have gas. The builder installed a vent-a-hood (another hole in the roof) after we specifically told him we did not want it. So when he took the hood down, of course he had to remove the drywall, but didn't replace it. So my cabinets are just hung over this huge hole with no drywall where the vent-a-hood was. There are many more things that were done incorrectly. These are just a couple of our issues we have had.
The salesperson told us she would not buy our home if she was us, because it is like it has a huge bandaid over it (all the repairs). A week later, for some reason, she was let go from the company?? Wonder why?
We find out that the superintendent has also been let go. The Director of Operations (the one we did the deal with) has also left the company. All this restructuring, but never a phone call to let us know they are going to complete our home in a satisfactory manner and sorry for all the problems we have had. NO nothing!
Meanwhile, we sold our home three months ago (took a $7500 loss in order to make sure it sold before the new home was completed), and now we are living in a 2-bedroom apartment with two small children.
We have asked for the contract to be rescinded and have our $5000 deposit returned to us because we have been so unhappy, but were told they do not return money.
Well, now we are being told we are in breach of our contract for not paying an additional $5000 due on or before the drywall stage. The builder has cancelled our contract, is going to keep our deposit, and will waive his rights to sue us. US!!!!. We were not even sure we still wanted to buy such a whack job, much less give them another $5000, so no we did not pay it.
Okay, here is my question... Can we get out of this contract and get our money back. Here are a few things we have come across when reviewing our contract....
1. I never even signed the contract. My husband signed his name as well as my name and initialed next to mine. (We don't want hubbie to get into trouble for this!) However, when he signed my name, he signed it by my alias (my nickname), not my legal name listed on the top of this contract.
2. There is a place at the bottom of each page of the contract for initials of the seller and the buyer. Only the seller has initialed the pages. Neither my husband nor myself have initialed in these places.
2. The additional $5000 deposit due at drywall was handwritten into the contract 5 days after the initial signing. Only I initialed this, not my husband.
Is there a possibility that this is not a legally-binding contract and we may be entitled to our deposit back? Should we seek legal representation or should we just walk away with $5000 less in our pockets?
Any info would be much appreciated!
Sorry this was so lengthy, I could have gone on for hours with the complaints.
We are the first home being built in a new subdivision. We signed the contract 10/10/03, and the house is still not complete. This is in a very rural area and we wanted to be sure there would be other homes going up soon in this new community. We were were told that around 20 something homes had contracts. That was a lie. Later we found out (after signing the contract) we are the only sale. STILL 10 months later!
We have been extremely unhappy with how the work has been done (builder has had to redo almost everything because specs were not followed). We feel the house has been poorly built. The roof has had to be repaired because the builder installed gas hot water heater vents and the house does not even have gas. The builder installed a vent-a-hood (another hole in the roof) after we specifically told him we did not want it. So when he took the hood down, of course he had to remove the drywall, but didn't replace it. So my cabinets are just hung over this huge hole with no drywall where the vent-a-hood was. There are many more things that were done incorrectly. These are just a couple of our issues we have had.
The salesperson told us she would not buy our home if she was us, because it is like it has a huge bandaid over it (all the repairs). A week later, for some reason, she was let go from the company?? Wonder why?
We find out that the superintendent has also been let go. The Director of Operations (the one we did the deal with) has also left the company. All this restructuring, but never a phone call to let us know they are going to complete our home in a satisfactory manner and sorry for all the problems we have had. NO nothing!
Meanwhile, we sold our home three months ago (took a $7500 loss in order to make sure it sold before the new home was completed), and now we are living in a 2-bedroom apartment with two small children.
We have asked for the contract to be rescinded and have our $5000 deposit returned to us because we have been so unhappy, but were told they do not return money.
Well, now we are being told we are in breach of our contract for not paying an additional $5000 due on or before the drywall stage. The builder has cancelled our contract, is going to keep our deposit, and will waive his rights to sue us. US!!!!. We were not even sure we still wanted to buy such a whack job, much less give them another $5000, so no we did not pay it.
Okay, here is my question... Can we get out of this contract and get our money back. Here are a few things we have come across when reviewing our contract....
1. I never even signed the contract. My husband signed his name as well as my name and initialed next to mine. (We don't want hubbie to get into trouble for this!) However, when he signed my name, he signed it by my alias (my nickname), not my legal name listed on the top of this contract.
2. There is a place at the bottom of each page of the contract for initials of the seller and the buyer. Only the seller has initialed the pages. Neither my husband nor myself have initialed in these places.
2. The additional $5000 deposit due at drywall was handwritten into the contract 5 days after the initial signing. Only I initialed this, not my husband.
Is there a possibility that this is not a legally-binding contract and we may be entitled to our deposit back? Should we seek legal representation or should we just walk away with $5000 less in our pockets?
Any info would be much appreciated!
Sorry this was so lengthy, I could have gone on for hours with the complaints.
Last edited: