terrible rip-off

[ati9000]

What is the name of your state? ohio

We are first-time home owner and we had terrible experience dealing with realtor, builder and mortgage officer. We signed a purchasing contract with a builder to build a new house in the middle of March. At the end of March, the builder's realtor told us to lock an interest rate for six months with a mortgage company that affiliated with the builder.

During the month of April, we were told that our model cannot fit into the lot. (The realtor told us that the model can fit into the lot when we signed the contract.) They have to push the house 15 feet back in order to fit it into the lot, and they asked us to pay $3000 extra. This information is not written anywhere in the contract. After some negotiation, they agreed to split the payment into 50/50. Later they told us that they still cannot fit the house into the lot, and they had to shrink our house about 70 square feet. They gave us $1700 back. If we know this info. when we signed the contract, we could've choose a model 70 square feet less with $4000-$5000 less. At that time, it was alreay middle of May, and we beared with them just to speed up the process.

They started the construction in the middle of June. We had a basement in the middle of July, but the construction stopped for 5 weeks. We called and finally they said they were going to resume the building in the 6th week. But when we got to the site, we found that they worked on our neighbor's house instead of ours. When we called the realtor, he said that it was a mistake.

Anyway, due to many mess-ups, delays, the house was still being built at the end of September when our lock-in rate expired. At that time, We called the mortgage officer and she said she will extend our rate and the realtor will pay for the rate extension expenses since he made a mistake to instruct us to lock in early. Now it is time for closing, we just found that the earnest money we put down ($900) for the lock-in rate was forfeited. The mortgage officer said she did not extend the rate, instead she changed the lender. Because we did not go with the first lender, we cannot get our money back.

What they did is wrong, and we are determined to get our money back. Could any expert here give us a hand and advice on where to start? Thanks.

[seniorjudge]

Cut this post in half and ask three questions.

Also, give us the EXACT information in the written contracts that you think were violated and why.

(Verbal agreements will be worthless here.)

[pojo2]

Originally Posted by ati9000

At that time, it was alreay middle of May, and we beared with them just to speed up the process.

Just shaking my head in disbelief. How much is this home costing you? Did you ever once consult with a Real Estate Atty to go over these contracts with and for you on one of the biggest purchases you will ever make in your life?

What ever you feel they did to you was with your full permission unless there was a fully loaded gun pointed at your head.

I am coming down hard I know but just maybe someone else will come along and not make these same mistakes.