I have a quick question and hoping some one here can help
I have signed a contract to build a new home on March 2nd, I have picked the lot on the same day I signed the contract.
I have paid $2000 advance. After couple of weeks I have paid another $8500 advance after choosing the interior upgrades. My home construction supposed to start in a week.
After 7 weeks of contract, yesterday my builder called saying the home (2 stored) can't build on the lot I have selected because of aerial easement (16 feet hight) in the lot. I have asked him why he is telling that now after picking the lot and signing the contract 7 weeks ago. He said, he came to know about that only today.
The builder said, there is only one other lot left that they can build my home, and that lot has $8000 premium. The original lot I picked is a corner lot on a cul-de-sac with no neighbor and greenbelt on one side and also lot is quite bigger, I have paid $10K premium on that lot.
Builder is saying I have no other option other than selecting the alternate lot and they will give me back the $2K difference or cancel the contract.
Honestly the alternate lot doesn't deserve 8K premium, when I picked my original lot, there are bunch of other no-premium lots available. If I knew that the original lot is not available, I would have picked any other no-premium lots.
I have told them that I can move to their alternate lot, but I want my 10K premium back, and I dont want pay any premium on the alternate lot. If there is any other no-premium lot available, I am willing to move to that lot as well.
Builder says, there is no other lots available, the only lot available is the one that has 8K premium on.
I feel that I am getting cheated here, the first issue is, they didn’t tell that the house can’t fit on the lot I have originally selected when I signed the contract and the second issue is, they are forcing me to move to alternate lot (with no other choices).
Is this something I can fight to get my 8K back (10K premium paid – 2K builder already agreed to pay)? Does the builder is accountable for the contract we both signed to build the home on the original lot?
Thanks