Most are understanding and most contracts read that if the upgrade improvements have not actually incurred and expense and been completed than it is refundable. Again I need to know Builder, if it is a mainstream production builder and they went outside of their norm to have new blueprints drawn up for this garage (most already have these as options and have be drawn), then it is fair to say that they incurred a cost.
I would try calling the sales manager above the sales rep. It would have helped to have had a Realtor represent you when signing the contract! Good luck to you. Are they holding your Earnest Money too or just upgrade deposit?
Small claims court is a place where you could go, without an attorney, to try and work out any issues. However, a contract is a contract and their are typically terms that protect the builder so buyers don't walk away mid-construction.
You have options and we Realtors cannot give legal advise. Always a good idea to speak to a real estate attorney if things can't get worked out over a cup of coffee.
Bernstein Realty, Inc.
Is there a chance your husbandâ€™s employer will pay you back as a â€œrelocation allowanceâ€?