Bigger question, did you go with their preferred in house lender?? No lenders can "LOCK" your interest rate until they have a FULLY SIGNED EXECUTED CONTRACT. This could be a big issue for you as nothing can begin and move forward until Title and Lender have this. Good luck to you.
Perhaps a better route (trust me, when you get attorneys involved, it will cost everyone money unnecessarily) is to keep working with and through your realtor, have them set a meeting with your contact at the builder and possibly their supervisor, express your position and concerns and see what their response is. Ask for some type of firm commitment to deliver the signed contract that if not met you would like your deposit back and you can both go your separate ways. I'll bet you'll get your contract in a timely manner and can then begin building your new home.
I would also add that if something happening a matter of days or even a week or two beyond schedule is going to cause you great stress and angst, you might want to consider buying a completed home.
I don't want them I try to increase the price of the house with options nor do I believe that should be able to hold onto my funds without an excuted contract.
Lynn911 Dallas Realtor & Consultant
Multimillion Dollar Sales Producer
http://www.lynn911.com 100's of Dallas homes listed for sale or lease
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