J
juliet108
Guest
What is the name of your state? Alabama
My husband and I signed a contract with a builder in late August. When we were looking at lots, they were marked with stakes that had the appropriate lot numbers on them. However, the 4th corner of the lot we ended up choosing did not have a marker with the lot number on it. There was a marker there, it just didn't have a lot number on it. We weren't sure, so we asked the salesman to check on it for us. He came back and said that the marker we found was actually the corner. Sometime after we signed the contract, they came along and put the official property marker at that 4th corner and our line changed signifigantly. (This line is at an angle.) Turns out that the marker we thought was the property line was just a surveying referrence point. We've checked with the surveying company and the new marker is in the correct place. There are no surveying errors or anything. The builder refuses to give any credit back for this premium lot that we paid extra for. The lot that the salesman showed us is not the lot we're getting.
Also, our contract was written that our house was to have a block and fill foundation; which is basically a raised slab that gives the appearance of a crawlspace. The salesman also helped us write that this foundation would be 2 steps high. We also had written into our contract that we wanted the back concrete veranda raised off the ground up to the level of the house; instead of flat on the ground like they normally are. The salesman also added a charge for the 2 steps off the back veranda since our block and fill was to be 2 steps high.
The lot actually slopes up toward the back very slightly, so slightly that we didn't even notice it before the house was built and while we were writing the contract. The house is built up to the correct height in the front, but since the land slopes up the back door is just barely off the ground...just like a normal slab would be. The raised veranda that we paid extra for is also not built up, but is flat on the ground like a normal slab. They've admitted this mistake and offered to dig out some extra dirt and put 2 short (in height) steps there. The steps themselves are not the issue. It's wanting the back of the house and the back porch raised off the ground. For whatever reason, the pad was not leveled before they started. And the construction manager said they level the lots before starting a normal slab. And they didn't consult us, or let us know that the house would not be raised in the back. Again, they haven't offered to give us any credit back for these extras we asked for.
Do you believe this is a breach of contract? We would like to get out of this deal and move on. Any chance of being able to cancel the contract without going to court or anything? Any chance of us getting any earnest money back? This is not the house we asked for. If we stay, we're just settling for what they've decided to give us.
Thanks
My husband and I signed a contract with a builder in late August. When we were looking at lots, they were marked with stakes that had the appropriate lot numbers on them. However, the 4th corner of the lot we ended up choosing did not have a marker with the lot number on it. There was a marker there, it just didn't have a lot number on it. We weren't sure, so we asked the salesman to check on it for us. He came back and said that the marker we found was actually the corner. Sometime after we signed the contract, they came along and put the official property marker at that 4th corner and our line changed signifigantly. (This line is at an angle.) Turns out that the marker we thought was the property line was just a surveying referrence point. We've checked with the surveying company and the new marker is in the correct place. There are no surveying errors or anything. The builder refuses to give any credit back for this premium lot that we paid extra for. The lot that the salesman showed us is not the lot we're getting.
Also, our contract was written that our house was to have a block and fill foundation; which is basically a raised slab that gives the appearance of a crawlspace. The salesman also helped us write that this foundation would be 2 steps high. We also had written into our contract that we wanted the back concrete veranda raised off the ground up to the level of the house; instead of flat on the ground like they normally are. The salesman also added a charge for the 2 steps off the back veranda since our block and fill was to be 2 steps high.
The lot actually slopes up toward the back very slightly, so slightly that we didn't even notice it before the house was built and while we were writing the contract. The house is built up to the correct height in the front, but since the land slopes up the back door is just barely off the ground...just like a normal slab would be. The raised veranda that we paid extra for is also not built up, but is flat on the ground like a normal slab. They've admitted this mistake and offered to dig out some extra dirt and put 2 short (in height) steps there. The steps themselves are not the issue. It's wanting the back of the house and the back porch raised off the ground. For whatever reason, the pad was not leveled before they started. And the construction manager said they level the lots before starting a normal slab. And they didn't consult us, or let us know that the house would not be raised in the back. Again, they haven't offered to give us any credit back for these extras we asked for.
Do you believe this is a breach of contract? We would like to get out of this deal and move on. Any chance of being able to cancel the contract without going to court or anything? Any chance of us getting any earnest money back? This is not the house we asked for. If we stay, we're just settling for what they've decided to give us.
Thanks