False Advertising

[sws26]

I'm going back and fourth with the seller about compensation. If we can't come to an agreement I'll certainly be talking to a lawyer.

 

[sws26]

So the seller has offered to cancel the contract and return the deposit or alternatively before we close we will be required to sign something saying we won't arbitrate over the 8' ceiling, possibly offering us a new fridge or something in return.

 

[justalayman]

The contract specifically includes other details (like an 8' front door) that clearly indicates it was originally intended to be 9' but had to be changed at the last minute.

tell them you want your 8' door that is specified in the contract. If they cannot deliver that, you don't want the house.



I see that they did offer to cancel the contract. It would be appropriate to sign a release if you do not accept their offer of cancellation since in effect you have accepted the 8 foot ceilings by continuing the purchase.



so now it's up to you; negotiate something in exchange for the 8' ceiling or cancel the contract but whatever you do, realize you will not have this chance again and you won't have any recourse later if you change your mind again.

 

[quincy]

So the seller has offered to cancel the contract and return the deposit or alternatively before we close we will be required to sign something saying we won't arbitrate over the 8' ceiling, possibly offering us a new fridge or something in return.

The builder's offer seems fair, especially since it is entirely possible the contract you signed would have adequately protected the builder from any cancellation or deposit refund.

If you DO cancel the contract, make sure this cancellation is in writing and that it makes clear you are no longer obligated to fulfill any of the terms of the former contract.

If you decide to go ahead with the purchase of the house in exchange for some sort of "freebie," make sure this exchange is in writing and that it is spelled out clearly and specifically what you are receiving as compensation for the 8' ceiling height.

And before you sign any agreement not to arbitrate, read it carefully. You want to make sure you understand all terms of the agreement and are not signing away your right to seek legal recourse on anything but the ceiling height.

Good luck with whatever decision you make.

 

[quincy]

bumping this thread to get a spam thread off the main board - I will delete this post later