Are you using someone like INest?
If the builder put in plumbing top out, the house is close to ready and they are ready to close the house. They probably don't want to have to go through the hassle of taking out the tub, chipping out the tile (?) tub surround, ordering a new tub, installing it, having the plumbers uninstall and install the tubs, re-grout the tile area, etc.
Do you still want the house? If so, go up the food chain at the builder's corporate office if you can't get it changed with the sales counselor or builder there onsite. Go to the project manager, then the VP, then the President of the Region, etc.
If that doesn't get you where you want, tell them you are going to file a grievance with the Texas Residential Construction Commission (TRCC) and then do so.
If it makes you feel any better, builders will not let you put EM or options money in escrow as if you decide not to buy the home, they would not have any recourse to get the money. The builders feel like they are taking the risk for building a $300k (or whatever) home and the homeowner is putting down something like 1% or less.
If you have decided to let go of the home, then contact your Realtor and let them know what's going on. If it's one of those type of firms where you never meet the person, you can just call the office and let them know what's going on. They're not going to get paid at all if you don't buy the home, so they've got a vested interest in this. See if they'll be willing to do anything on your behalf. I also know an awesome RE attorney who does speaker work with Stephen Covey, but don't think he works on flat fee.
Contact me if I can be of further help.
I don't know if you have the same thing in the big "D" or not.
You've gotta be kidding. No sheetrock or anything?! Then, they just either ordered the wrong tub, or the wrong tub was delivered. If the wrong tub was delivered, the subcontractor should have to cover the expense in getting it switched out. Maybe they're concerned it'll put them behind on their schedule. In either case, you should at a minimum get what you paid for! :)
Happy to help,
Sorry to hear about your problems. Flat fee or not your agent should be going to bat for you. It is my understanding they can't give up on their basic duties to you even if they have reduced their commission. Of course you may need an attorney to tackle that as well. I don't know of any flat fee attorney around here especially on an issue like that. I would think you would want a board certified real estate attorney as well. You can get referral service from http://www.dallasbar.org/referral/ I'd push around at the builder a bit before I did this though, or have your agent's broker do this for you.
FYI that is why here in trulia we answer so many emails and calls a day of buyers who did not use agents who can represent you. Under an agents e&o insurance would have been covered, an agent could have handle this.
However a contract is a contract pressure that builder breached the contract non performance that you will not close till it is replaced however you can lose your earnest money I hope it is at title? or was it paid too the builder?
Fees with attorneys are like fees with Realtors - you can negotiate. I think you have gotten your self in hot water here and it is too late to mention $400.
Unfortunatley, no one warned you that not all builders were really what I would call builders in Texas. Any one that wants to get their feet wet in the business can hang out a shingle. Many under bid the project. Many do not pay the subcontractors. There are many problems. Plus you run into a lot that don't know what they are doing. As for the agent. They do not have to be "agents" as in Real Estate Agents. Any one can work fot the builder. He can go to the elementary school and choose the talest 6th grader and hire him/her if he chooses.
My son was building a Commercial Building in Austin. The contractor took his draws from the bank as he finished certain stages as required. The bank checked these stages. Everything okay th here? No!!
He was not paying his subcontractors. My son started getting calls about leins that were to be placed on his property an building. He had to come up with an additional $67,000 to pay these contractors and complete the building himself. This was a so called Contractor with a good reputation.
Any recorse, No. Sue maybe - but everything is protected in a corporation.
Cut your losses and move on . Make the right choices next time. Remember sometimes when you try to save you cut too many corners. Next time use a Realtor in your purchase. His/Her Broker has something to loose if you are misled. The Realtor and Broker will work for you.
3 days later we visited the house and they'd put in a tub different than promised -- my thinking is that they didn't want to incur the cost of moving one of the already-framed walls down several inches, and they're trying to tell us "the marble tub won't fit."
I'm telling them they need to either make it fit or we're not closing... and if they don't, it might be worth getting a lawyer to at least get some of our money back.
I totally agree about the "vested interest" thinking regarding our realtor; we contacted him yesterday to see if he has any ideas.
For now we are continuing to put on pressure, thanks to everyone for your advice!
However, we were too trusting and didn't think it would be necessary to use any kind of escrow for the earnest money. :(
(deleted and re-submitted to change "representing the buyer" to seller... am a bit frazzled today with all this drama!)