Hi Kevin,

Here's what I'd do:

1. Request your earnest money and any other monies from Brighton you've paid them IN WRITING asap. If the sales counselor refuses, go to their project manager. If they refuse, go to the Vice President. Keep going up the food chain at the corporate office. You'll get an audience. I've never heard of a builder cancelling a contract because of these types of issues. Telling you that the home may take longer than expected maybe, firing trades, etc. But cancelling? A builder cancelling a sale in this market??

2. Make a formal complaint to the TRCC immediately - if not before

3. Make a formal complaint to the Better Business Bureau immediately

4. Talk to a real estate attorney to discuss all your different options at this point. If you do not know one - let me know and I can make a referral.

However, I don't understand the decision to cancel the contract. Why not switch lots and build you another home? If they haven't even put up sheetrock, they aren't that far along. Or, do they have an inventory home they are building of your floorplan that they could make changes to that would be like the design options you chose? Is it a close-out community and there are no more lots left? Could they transfer you to a different community nearby?

I guess you need to decide what YOU want and then pursue that course of action.

Hope this has helped,
Terri Hayley

Sun May 4 2008, 19:06

Kevin...(posted 5/1/8, 11:03AM CST, THURS)
Your question was, "Brighton homes cancelled my contract because of complaints of bad bricklaying-any recourse?" I would start by doing a little research. First stop: The Texas Residential Construction Commission (TRCC in Austin, TX) at http://www.trcc.state.tx.us/default.asp. (Besides looking up the builder's registration with the state (TX), you can also read about builder construction issues and courses of action (for complaints). In all fairness, at the least the homebuilder realized there were 'work quality issues' and stopped the work in progress. That should tell you something about their ethics/standards...right there. Some folks would have kept building, hoping you didn't hire an inspector to check the home out or personally notice (during a walk thru). I don't know much about this particular builder, but I would assume they are smart enough to know their reputation is on the line and they would rather loose a sale, than a customer for life. Smart builders know this. In all honesty, it would be smart to read the website above regarding 1) filing a consumer complaint before the TRCC hearing board; try to resolve your differences without going to court (it's costly and emotionally draining); 2) seek pre-trial arbitration/mediation efforts (note: most new homes sale contracts contain a clause that says if for any reason you have a legal issue with the house, you will automatically be required to seek arbitration or mediation vs. going to court. Your 3rd choice) suck it up as 'a learning experience' (you may or may not get your EM deposit back depending on contract terms), and realize you are lucky to not get 'stuck' with a lemon for a house. In this case the builders are doing you a favor. Yes, you sold your other place and are now probably freaking out trying to figure out where to live. Point is: don't rush into a home sale. If need be, rent a year near good schools. It might be a pain, but then again, it might be a 'blessing in disguise". I've shown Brighton Homes a few times in Pearland, TX for clients to buy. These folks have always appeared to be forthright and honest in business dealings. (They even faxed me a copy of their contract to preview prior to meeting them.) That's just my personal experience. If you do decide to build later on, see the link below this message for Builder's Academy (smart folks)! I wish you the best. I'm here to help you anyway I can -- just call or email me: Karen Savage, REALTOR, Keller Williams Realty/North(west)--Hwy 290/FM1960 area near Willowbrook Mall; 8300 FM 1960 West, Suite 310, Houston, TX 77070, direct: 281-813-9769; office: 281-664-8300,x3004; http://www.KarenSavage-Realtor.com. (You got a friend in Texas! We aim to please! Your Greater Houston, Texas source for everything real estate.) Information provided is for consumer educational purposes only. Please consult a legal professional for advice that applies to your unique circumstances.

Thu May 1 2008, 09:40

WOW, where is your real estate agent how are they assisting you? If you don't have an agent in the future never purchase a home from a builder, for sale by owner, or thru another realtor unless you have real estate agent representing you

I don't think I would like to be in a home that has this much problem you can identify no telling what may have happenedIf they cancelled the contract request the return of your money, locate another property, move into an extend stay hotel be little inconvenience for a short term

My question with this many problems would they even honor a home warranty?

Fri Apr 18 2008, 21:15

Bruce is SO RIGHT about an inspector! Most buyers of new construction (especially if you are not being represented by a buyer's agent) don't know that they are intitled to have an independent inspection before they close. Yes, there is an inspection that is done on a home prior to closing HOWEVER, that inspector is "working" for the home builder and may NOT have the buyer's best interest at heart.
Anyone out there reading this that may be thinking of buying a new construction PLEASE REMEMBER, #1-Have a Realtor representing you at the first visit to the model home or the builder will not recognize the fact that you are being represented by a Realtor. #2-Let them know up front that you will be having your own inspection prior to closing NO MATTER HOW MUCH THEY TELL YOU THAT WON'T BE NECESSARY. DEMAND IT!...and if they still insist that it won't be necessar or won't be allowed as I had one buyer tell me, RUN, DON'T WALK in the other direction.

Fri Apr 18 2008, 14:21

Did you really want this house after all that?
My guess would be that if you want it you need to contact an attorney and sue for specific performance. I'd guess that they can't cancel your contract for complaining too much. I'm not sure you can complain about construction methods to anyone that would likely listen since you don't own the home yet, you're really a disinterested 3rd party. If you end up buying it, they of course you'd want to ensure they address all the problems BEFORE you close. Make sure to have a really tough inspector come over and go through the house with detail and fax the inspection report to your sales person and the construction manager. Again have them address the issues BEFORE you close. Sometimes they'll tell you they'll fix it under warranty after you close, but I heard lots of complaints about this. Chances are you'll get the problems fixed and in a more timely manner if you do it BEFORE you close rather then under warranty. There is the TRCC and you might look at their website to see if they can give you any info about complaints. Good luck and I'm sorry to hear about your experiences.

Fri Apr 18 2008, 11:07

Did you get your earnest money back? If so, there probably is no further recourse, as you agreed to the terms of the builders contract - which are usually subject to mandatory arbitration, not to exceed the amount of money you have into the deal. Earnest money + upgrade deposit is all you stand to gain since technically the home is not yours until you close on it.

I haved worked for homebuilders in your area for the past 7 years. I have decided to stop representing them (the seller) and start representing people like you (the buyer) as a Texas licensed real estate agent.

If you are currently represented by a real estate professional - accept this reply to your question only as food for thought. If you do not have a licensed agent representing you, and want to learn more about how to deal with home builders effectively - give me a call.

Lance Sonka - 832-876-6663

Fri Apr 18 2008, 09:55

AMEN!! A REAL ESTATE attorney should be your first call and don't wait. This is where the phrase "time is of the essence" should be put in place. The longer you wait to launch a formal action, the more chance you will give the builder to think they are getting away with something.
ALSO, there are recourses in place on how to file a complaint against a licensed builders in the State of Texas as well. Check out the Texas Real Estate Commission website for how to get started that way as well. Their website ishttp:// www.trec.state.tx.us. Good Luck.

Fri Apr 18 2008, 08:03

Your best next step is to consult with an real estate attorney. Most builder contracts are designed to protect the builder more than the purchaser. Check with the Harris County Bar Association for a referral.

Fri Apr 18 2008, 04:28