Home Buying in 76065>Question Details

Yellowcat2000, Home Buyer in 76065

I signed a builders contract 1 week ago. Can I get out of the contract.?

Asked by Yellowcat2000, 76065 Sun Dec 6, 2009

The builder has done NO construction on the house, yet. I am unhappy already because he has changed my final plans from 2600 to 2300 sq. ft. Also, he has changed the ceiling highs from 10' to 9'. With this I can not trust him and want out? I gave him a $5000 check at signing.

Help the community by answering this question:


Pull together a copy of your contract and make an appointment with a local attorney who specializes in real estate. Good luck to you.
0 votes Thank Flag Link Sun Apr 11, 2010
Contact your buyers agent assist you in reviewing terms and conditions of executed sales contract.

Confer with an attorney

If your sales contract states XYZ builder is now building ABC IF NO signed amendment between you and builder based on signed sales agreement builder must construct home you agreed to.

No one can render an opinion unless entire contract is reviewed.

National Featured Realtor and Consultant, Texas Mortgage Loan Officer, Credit Repair Lecturer
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0 votes Thank Flag Link Tue Dec 15, 2009
My house burnt down in Sept. I did ask the bank and others about the builder. They said he was good. He was demo may home and fix my gravel road that the fire trucks ruined. I paid him $12,000 for this. He said it would take 2 or 3 days. It rained last Sunday and everything was muddy. I told him it was too muddy to work. He said no that they work in the rain with the equipment. Instead of adding the crush concrete on top of my road they put 3 ft. of black dirt. I have a big mess out here. It is 5 days now. He knows that I am upset with this mess. They did not have the right equipment to do the job and made a mess of everything. Than I went to look at the revised plans. They were to put a balcony on back of the house and change some windows for a french door. When I looked at the plans something did not look right. It stated 2383 instead of the 2648 sq. ft. I asked him why and he said that the architect must of figured wrong. I took the plans home and sure enough. Room sizes were different, ceiling height went from 10' to 9'. He also said & had me sign the TRCC disclosure. Stated that I could make a comment to them if things were not right. The TRCC quit Sept. 09. So he lied there too. I do not trust him anymore. Everything he has done has been misrepresented to me. Now is the time for me to get out before I have a crappy home instead of what I want.
0 votes Thank Flag Link Sun Dec 6, 2009
Yellow Cat....I would talk with the builder. Ask them. Tell them you are dissatisfied. It doesn't hurt to ask. What does your contract say? Why are things changing significantly after your contract is signed? Where is your Realtor and what do they say? If you didn't use a realtor, please tell me you had your attorney review the contract. They can also give you legal advice.

By the way the builder's rep may not be the person to speak with. Start with them, but they did not sign the contract, so you may need to speak directly with the person who signed the contract.

Good luck.
Web Reference: http://www.teamlynn.com
0 votes Thank Flag Link Sun Dec 6, 2009
Bruce Lynn, Real Estate Pro in Coppell, TX
Welcome to the world of new home builders. Home builder contracts (in general) are the most one-sided contracts in the market place. I typically explain to my clients that once they sign the builder's contract, the builder can just about put a pitchfork in their head and there won't be much the buyer can do about it. The contracts are just that one-sided.

A few months ago, one of my clients went through the same thing with a builder. He eventually went to his bank, found that his check had not yet been cashed (it hadn't) and immediately cancelled the earnest money check he had paid the builder. Prior to this I advised him that this left him with clear liability should the builder choose to force the issue. Fortunately, the builder never even called him back about the cancelled check. I think I would seek advice of counsel ASAP since you're not clear on the terms of the contract you signed.

I would like to tell you different, but with every builder contract I've ever worked with, I doubt you have many options at this point.
Web Reference: http://www.phgbrokers.com
0 votes Thank Flag Link Sun Dec 6, 2009

Joe is on the mark. Refer to your agreement for specific information for this. We would also consider putting the builer on notice by a certified letter regarding your concerns and that you are consulting an attorney.

Good luck
0 votes Thank Flag Link Sun Dec 6, 2009
It would depend upon the terms of the contract and if there were any contigencies that have not been met. I recommend having an attorney to review the contract and determine what your options are.
0 votes Thank Flag Link Sun Dec 6, 2009
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