Builder warned us to shut up

[nwhbuyer]

What is the name of your state? California
We've had many problems with the way our builder practice the business since the new home was purchased in March. They've tried to delete windows, change cabinet maker, plumb in uncommon way, etc... We had to go extra miles to get what we are entitled to. Several other homebuyers are also unhappy with things here and there. The builder has offered us money back (less some fees) for 3 times, but we refused to accept. Then the builder warned us that they'll kick us out if we don't comply the following:
not to go to the city(they said city call them and ask us not to bother), not to talk to other buyers, not to share construction problems/unhappy experience with other buyers, not to give out the local flooring company's phone number (They blamed us for causing their affiliated flooring company losing business) etc...
They said they can terminate our purchasing contract according to the "seller's right of cancellation" stated in the master customer agreement. Is it true? "material disagreement between buyer and seller as to the quality, nature, or character of the work of constructing the residence..."

[HomeGuru]

Originally posted by nwhbuyer
What is the name of your state? California
We've had many problems with the way our builder practice the business since the new home was purchased in March. They've tried to delete windows, change cabinet maker, plumb in uncommon way, etc... We had to go extra miles to get what we are entitled to. Several other homebuyers are also unhappy with things here and there. The builder has offered us money back (less some fees) for 3 times, but we refused to accept. Then the builder warned us that they'll kick us out if we don't comply the following:
not to go to the city(they said city call them and ask us not to bother), not to talk to other buyers, not to share construction problems/unhappy experience with other buyers, not to give out the local flooring company's phone number (They blamed us for causing their affiliated flooring company losing business) etc...
They said they can terminate our purchasing contract according to the "seller's right of cancellation" stated in the master customer agreement. Is it true? "material disagreement between buyer and seller as to the quality, nature, or character of the work of constructing the residence..."

**A: why are you asking us if it is true? Please read your contract and you tell us.

[nwhbuyer]

The contract states that seller may terminate the purchase agreement if at any time before the close of escrow there is a material disagreement between buyer and seller as to the quality, nature or character of the work of construction the residence, or any other matter affecting the plans and specifications therefor;......
Builder's sales director and two sales managers read the above sentences to us and insist they can kick us out it we keep communicating with other buyers. But I really don't see our right of free speech has anything to do with the "material disagreement". We are not sure if we were treated unfairly because we are nonnative speakers.
There is hardly any new homes available in our area. we would've gone for other builders if there were other choices. (This builder told us other builders do things in the same way...)
We question this builder's honesty and ethics, they define the righteous American value in a very shocking way to us.

[HomeGuru]

Originally posted by nwhbuyer
The contract states that seller may terminate the purchase agreement if at any time before the close of escrow there is a material disagreement between buyer and seller as to the quality, nature or character of the work of construction the residence, or any other matter affecting the plans and specifications therefor;......
Builder's sales director and two sales managers read the above sentences to us and insist they can kick us out it we keep communicating with other buyers. But I really don't see our right of free speech has anything to do with the "material disagreement". We are not sure if we were treated unfairly because we are nonnative speakers.
There is hardly any new homes available in our area. we would've gone for other builders if there were other choices. (This builder told us other builders do things in the same way...)
We question this builder's honesty and ethics, they define the righteous American value in a very shocking way to us.

**A: it appears that the buidler may be correct. Have a real estate or contruction attorney review your contract in its entirety.

[nwhbuyer]

Thanks a lot for your reply. We'll look for a real estate attorney to help us.

[HomeGuru]

Originally posted by nwhbuyer
Thanks a lot for your reply. We'll look for a real estate attorney to help us.

**A: good luck and keep us posted.