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Can builder keep deposit?

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longshot76

Junior Member
This is in DE.

My wife and I put $5000 down to build a new home in a development in Nov 2004. We are expecting a baby in May 2005, and the salesperson said that our house would surely be started in Dec 2004 and done by May. It is now Feb 2005, and the permits have not gone through, and one of our major house options is not available on any of the open building lots. We started looking and found a pre-built house that we love. Can we get some of our deposit back? The only work that has been done is document preparation and permit application. The contract states that the seller may keep the deposit. We have gone up the chain at the company to the president, who has refused to refund any of the money. Should we look into a lawsuit or arbitration, or do we have no hope of seeing any of that money?

Thanks,
Longshot76
 



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