T
TJ SCHAFFER
Guest
Based on the facts below, under CALIF Law, do we have a legally enforceable agreement with the developer, and a deal in which the developer cannot unilaterally back out of this deal:
a. Developer made an offer to buy on June 10, 2000
b. We accepted with an understanding that we could change the house design and paid a $500 deposit, for which they gave us a receipt (Consideration)
c. The developer's architect changed the house design based on our ideas
d. We made two more deposit payments in July and August 2000, for which they gave us receipts (Consideration)
e. We received approval for a 70% loan based on the final house price, from the bank that the developer introduced us to (Reliance by us)
f. The developer then instructed the contractor to build the house according to our design changes (Reliance by them)
g. We proceeded to buy materials for the house from Dec. 2000 to June 2001 – over $10,000 worth! Some materials have already been used in the house, others are sitting in the job site storage area and others are in our warehouse, and the developer knows this (Reliance by us)
h. The developer finally offered a final house price on March 29, 2001, which we accepted (further Offer and Acceptance by both parties)
i. The developer offered a revised contract to us on July 11, 2001
j. After a bit of disagreement over two unreasonable contract terms concerning the procedure for formal acceptance of the finished house and the deadline for paying + penalty for not paying the bank loan on time, the developer told us on July 21, 2001, that they no longer wished to sell the house to us and that they would refund our deposit and reimburse us for the goods already installed in the house only, such as pipes that are worth approx $1000, and the other items we can collect.
k. We never stated or indicated at any time that we wanted to back out of this deal
a. Developer made an offer to buy on June 10, 2000
b. We accepted with an understanding that we could change the house design and paid a $500 deposit, for which they gave us a receipt (Consideration)
c. The developer's architect changed the house design based on our ideas
d. We made two more deposit payments in July and August 2000, for which they gave us receipts (Consideration)
e. We received approval for a 70% loan based on the final house price, from the bank that the developer introduced us to (Reliance by us)
f. The developer then instructed the contractor to build the house according to our design changes (Reliance by them)
g. We proceeded to buy materials for the house from Dec. 2000 to June 2001 – over $10,000 worth! Some materials have already been used in the house, others are sitting in the job site storage area and others are in our warehouse, and the developer knows this (Reliance by us)
h. The developer finally offered a final house price on March 29, 2001, which we accepted (further Offer and Acceptance by both parties)
i. The developer offered a revised contract to us on July 11, 2001
j. After a bit of disagreement over two unreasonable contract terms concerning the procedure for formal acceptance of the finished house and the deadline for paying + penalty for not paying the bank loan on time, the developer told us on July 21, 2001, that they no longer wished to sell the house to us and that they would refund our deposit and reimburse us for the goods already installed in the house only, such as pipes that are worth approx $1000, and the other items we can collect.
k. We never stated or indicated at any time that we wanted to back out of this deal