Posted by Helene on September 21, 2007 at 09:37:21:
there’s something, don’t actually know if it’s in the contract, but the attorney letter states that if I can’t get financing, they will attempt to do so.
Bolox as they say in England. I’m not letting anyone on their team sort through all of my financial affairs.
I’ll have an atty look it over, infact, I’m going to the Lou Brown training in Orlando next week. I’ll get his feedback.
Better business bureau is a great idea.
builder won’t refund deposit - Posted by Helene
Posted by Helene on September 20, 2007 at 18:06:47:
I’m stated income, self employed and because of the last two months credit stuff am unable to obtain a loan to purchase a second home condo in Charleston. Great credit, just no go with Wachovia, B of A, Wamu, Chase, WF and a National City. Debt to income is out of wack.
Builder won’t give deposit of 12K back and has turned it over to an atty. Tried to find an atty myself, but quickly realized he wanted half of my deposit to take it on. Right!
I’d rather go to small claims to get 5k rather than give 6K to an atty.
Anyway, for now, I’m dealing with their atty myself, but he’s not responding. Yes, there is a financing contingency.
We’ve elected for mediation, arbitration, but am not ready to go there.
Or should I just go to small claims court and cut my losses for the other 7K. Something is better than nothing.
PS: Stay away from local good ol’ boy builders. If this were the big nationals, DR Horton, Centex, KB, I doubt this would be such a fight.
My two cents.
Please advise.
Re: builder won’t refund deposit - Posted by Rich-CA
Posted by Rich-CA on September 22, 2007 at 12:56:47:
Go with an attorney and specify that attorneys fees are to be added to the award.
Re: builder won’t refund deposit - Posted by River City
Posted by River City on September 21, 2007 at 05:35:08:
“IF” your contract states that the builder will refund your deposit if you cannot obtain financing, then it appears you do have more alternatives. You might want to speak with an attorney and have him/her review your sales contract. Generally, attorneys will give you a consult free of charge. And, if you do decide to go to court and you win, I believe you could include all court costs and attorney’s fees in the suit.
In addition, have you filed a claim with the Better Business Bureau in your area? This works wonders. I had a problem with a builder one time and filed a claim with the BBB and just as soon as the builder received their notice, they fixed the problem. Builders do not want their names on the BBB. You can file your claim on line and it only takes a few minutes.