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Getting deposit back from builder

My husband and I signed a contract for a home to be built in Aug.and gave a 5k deposit we then learned our baby needed to have a surgery and we really needed the deposit back in Nov .I contacted the builders and they only said they would hold the deposit for 1 yr. for a new home w/them I told the manager that would not help our situation they still said no ,so I said give a month to decide.The permit was not even done yet and no construction was started ,he gave me 30 days to let him know I called him and told him if we can't get the deposit back then we will just go ahead w./ the home ..Well now it just started constrcution and our son was having surgery the week for thee pre-consruct meeting I told them it had to be done a certain day b/c my baby was having surgery they never got back to me and construction started.I noticed we signed a contract for an address that is not the address they have on the new construction.I emailed sevarel times no reply.What can we do?
 
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Home Seller
in mas
Kelliann, Home Seller in mas in mas
Answers (4)
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Bill Eckler-… was FIRST TO ANSWER
I'm going to have to agree with the 3 previous answers. If you used a REALTOR, he or she will know how to handle the builder. AND you definitely need to hire an experienced real estate attorney.

If your builder has made a mistake and started building on the wrong lot, I would use that to your advantage in getting your money back.

Tue Feb 5 2008, 12:29
 
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Hi Kelliann,

I am so sorry about your situation. As the others have indicated find an EXPERIENCED Real Estate Attorney who will represent you and don't delay.

Sure hope that your precious baby is doing well.

Tue Feb 5 2008, 08:57
 
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Did you have a real estate agent that showed you this development?
They should be the go between before it got this far but you have done your
best to try and work with the builder.
Either way, it is time to contact a real estate attorney asap.
Please keep us informed.

Jackie Fortier
Cinderella Realty

Tue Feb 5 2008, 07:28
 
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FIRST ANSWER
It's right for any individual to advocate for themselves....and you have!! It's now time to get serious and consult with a GOOD real estate attorney that will create a new direction for you.

Good luck
The Eckler Team

Tue Feb 5 2008, 04:59
 
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