Legal Question in Credit and Debt Law in Florida

New Home Purchase

I recently have been under contract to purchase a new home. The home builder has changed the plans on our home and has left off a covered back porch that was initially part of the deal. There have been several issues with this builder and I don't feel comfortable buying from them. Because of the porch issue, do I have grounds to request my down payment back and get out of the deal?


Asked on 7/22/07, 4:51 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: New Home Purchase

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

The builder does not have any right to make material alterations to the home. If the builder does, then the Buyer does have the right to cancel the Contract under most circumstances. You should review this matter with a qualified real estate attorney who can advise you of your legal rights and responsibilities.

Scott R. Jay, Esq.

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Answered on 7/22/07, 9:40 pm
Paul Aiello Bennett Aiello

Re: New Home Purchase

The answer may depend upon whether the builder can show a modficiation of the original agreement. In other words, if you agreed to the deletion of the porch from the contract, you cannot back out of the contract later on for that reason. You mention "several issues," but more detail is needed to determine your rights and obligations under the contract you signed. To obtain an answer on which you can depend, please call to schedule a meeting during business hours. I will need to review all relevant documents between you and the builder.

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Answered on 7/23/07, 6:25 am


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