Legal Question in Real Estate Law in California
Harrasment by Home Builder
I am a professional of Asian decent and I have recently signed contracts to purchase a brand new home in a upscale community. The contracts were written as contingent and signed by us and the builder. A few days later the sales manager gives me a call and says that they cannot take contingencies.
The builder states that the can default our house at any time if we are contingent. I was pretty much forced to sign an addendum to terminate the contingency even though I still had a house to sell.
I eventually sold the house, however, a few weeks later I get another phone call stating that we are not loan approved and the builder will drop our house in 24 hours.
I was pre-approved for 700,000 by the builders finance company and was not told that I needed an approval so early in the game. I got the loan approval in 20 minutes of the phone call.
Does this smell of harrasment? I have impeccable credit, over a quarter of the home's value as down payment, and a loan approval for 700,000.
2 Answers from Attorneys
Re: Harrasment by Home Builder
What do you mean by contingent?
Re: Harrasment by Home Builder
If you have a signed contract and the builder is trying to get out of it, you may have a case against the builder for specific performance and damages. If the documentation makes the contract binding, you could place a lis pendens through litgation to still obtain specific performance against the builder. If you fax me your documentation to 714 363 0229, I will provide you with free consultation and let you know what I would charge to take your case, if you still want the house.
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