Legal Question in Consumer Law in California

Deposit for New Construction

I signed the paperwork for a KB home that was expected to be built in May 2, 2006. My husband and I put a $3,000 deposit and I am sure we signed something that said it was not refundable. KB homes has moved the expected built date twice. It went from May 2nd to July 28 to August 4th. Interest rates have gone up considerably and it just doesn't seem fair that the potential homeowner can't do anything about KB's lack of commitment. The project was first delayed due to poor management, their first construction supervisor got fired and a new one brought in. They of course didn't tell us this, but we were told by the new supervisor that that is why he was hired. KB is blaming their 4 month set back on weather and some supply shortage. I am frustrated, tired of waiting and want my deposit back. I did nothing wrong so why would I have to pay? Do I have any legal standing since I did sign all those disclosure forms? Thank you for your help.


Asked on 5/17/06, 6:24 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Deposit for New Construction

The time to have important contracts reviewed by your own lawyer is before you sign them. I bet you even signed an arbitration clause. I suppose you could consult a lawyer at this point but my best guess is you already signed away all your rights.

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Answered on 5/17/06, 6:37 pm
Tom Martin Law Office of Thomas Glenn Martin

Re: Deposit for New Construction

It all depends on the contract. An attorney would have to review the paperwork you signed and determine if you have any rights to enforce at this point. Check out my website at http://www.tgm-law.com and contact me if I can be of assistance.

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Answered on 5/17/06, 7:00 pm


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