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Being Stonewalled by prominent new home builder

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jxxrenee

Junior Member
What is the name of your state? California

My husband and I have requested a minor electrical modification to an option which was submitted in a timely fashion, January 19th 2006, however it was after the option deadline, which was December 19, 2005. We have only just received information that a modification is not possible, (yesterday March 7, 2006) unless we can prove the builder was at fault for the modification to occur. It is the company line that no matter who you are no one is able to preform ANY modifications, changes or additions at any time after the option deadline. (Even though the exact same issue on other electrical modifications that were due to builder error are being corrected) The construction is currently in an open wall state. It is clear that they have the sole discretion to decide what they will and will not do. (It clearly does not appear that they have to start from scratch or rip out existing work.)

This is my problem, can they say that they have a policy (which is not writing the way it is being citied as a reference NOT to accomodate us) even though the Purchase Contract and Option Sales Agreement contract offer the following:
Per our Purchase Contract, it states, “Notwithstanding the foregoing, Seller may, at Seller’s sole and absolute discretion, allow Buyer to select Options after the applicable Option(s) Selection Deadline” (Purchase Contract and Escrow Instructions, Residence and Project, Letter C Selections of Upgrade/Options, page 6 of 15).

-or-

Per our Option Sales Agreement, it states "Any modifications of the work Buyer requests will be at Seller's sole and absolute discretion" (Option Sales Agreement, Optional Items and Additional Deposit Amendment, page 2 of 4


There is no unequivocal statement whereas it limits the Seller’s ability to make a change, add, or modify as the Seller deems appropriate specifically with regard to Options. Therefore, the “policy” that this builder, cannot make a change, addition or modification in these instances as is pertains to Options, or any instance with regard to any homeowner as it pertains to Options, is fraudulent and a misrepresentation of the facts. Could a case be made that it is a “breach of duty of good faith.” It also violates the spirit and interpretation of the original Purchase Contract and subsequent additional Option Contracts signed.

Is there anything in the law that can force a builder to play fair and be reasonable? We are not asking for anything for free, and it is not an issue of time because other electrical issues (THE SAME ONES) are being corrected currently, but first the builder asked me to provide evidence of fault - BEFORE they would correct.

Help!
:confused:What is the name of your state?
 


HomeGuru

Senior Member
jxxrenee said:
What is the name of your state? California

My husband and I have requested a minor electrical modification to an option which was submitted in a timely fashion, January 19th 2006, however it was after the option deadline, which was December 19, 2005. We have only just received information that a modification is not possible, (yesterday March 7, 2006) unless we can prove the builder was at fault for the modification to occur. It is the company line that no matter who you are no one is able to preform ANY modifications, changes or additions at any time after the option deadline. (Even though the exact same issue on other electrical modifications that were due to builder error are being corrected) The construction is currently in an open wall state. It is clear that they have the sole discretion to decide what they will and will not do. (It clearly does not appear that they have to start from scratch or rip out existing work.)

This is my problem, can they say that they have a policy (which is not writing the way it is being citied as a reference NOT to accomodate us) even though the Purchase Contract and Option Sales Agreement contract offer the following:
Per our Purchase Contract, it states, “Notwithstanding the foregoing, Seller may, at Seller’s sole and absolute discretion, allow Buyer to select Options after the applicable Option(s) Selection Deadline” (Purchase Contract and Escrow Instructions, Residence and Project, Letter C Selections of Upgrade/Options, page 6 of 15).

-or-

Per our Option Sales Agreement, it states "Any modifications of the work Buyer requests will be at Seller's sole and absolute discretion" (Option Sales Agreement, Optional Items and Additional Deposit Amendment, page 2 of 4


There is no unequivocal statement whereas it limits the Seller’s ability to make a change, add, or modify as the Seller deems appropriate specifically with regard to Options. Therefore, the “policy” that this builder, cannot make a change, addition or modification in these instances as is pertains to Options, or any instance with regard to any homeowner as it pertains to Options, is fraudulent and a misrepresentation of the facts. Could a case be made that it is a “breach of duty of good faith.” It also violates the spirit and interpretation of the original Purchase Contract and subsequent additional Option Contracts signed.

Is there anything in the law that can force a builder to play fair and be reasonable? We are not asking for anything for free, and it is not an issue of time because other electrical issues (THE SAME ONES) are being corrected currently, but first the builder asked me to provide evidence of fault - BEFORE they would correct.

Help!
:confused:What is the name of your state?
**A: http://www.hadd.com and hire an attorney.
 

jxxrenee

Junior Member
Thank you for the HADD website!

Thanks HomeGuru that HADD website is an excellent one. I have already been in contact with them for a residential new home inspector in my area to assist me with further construction concerns before we close.

I am curious about your advice to hire an attorney. Did you advise this because I as the homebuyer cannot establish a defendable argument on my own based on law? We have signed an arbitration agreement, yes; I know now, what a mistake that was. However, if you elaborate further I would greatly appreciate it.
:)
 

Buk1000

Member
Not speaking for Home Guru, but arbitration doesn't negate the need for a lawyer. The builder will have lawyers if you go to arbitration. If you live in a state that's got any builder sponsored laws, like right to cure, you may need a lawyer to interpret its requirements so you don't inadvertantly fail to comply. If it's any comfort, I came out o.k. in my case in the end, and would say the HADD site HG posted helped me to do that.
 

justalayman

Senior Member
Don't show up to a gun fight with only a knife.

Even if you don't need the gun, it's there if you do. If you don't have it with you, it's usually too late to go get one.
 

John Se

Member
you cannot "force" the builder to change the house

Usually only the builder can propose change orders after you ask and pay for them. It is probably in your contract that way. You see you made a deal for something to be done a certain way, you both agreed, now you want to change why should you be able to force it. Just finish the house and get on with the re-model.
 

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