Legal Question in Consumer Law in Georgia

earnest money vs design money

I am purchasing a home with DR Horton in Loganville. We paid nearly $7,000 between earnest money and money for upgrades. When we chosing bricks the representative suggested we visited the community and pick a home we like to give them the address so that we can have the same bricks. When they put the bricks we realized it was not the brick we asked for. When we spoke to them about this and told them that was not what we wanted they had not begun putting any upgrades inside the house. They just had the outside done. Initially they refused to accomodate us and kept building the house. Finally, they agreed that the only solution was to give us a new plot and start building all over again. Well when we had signed our contract the lot prices were $260,000. Now they are $265,000. Although they made the error, and they agreed to transfer everything from our old lot to the new lot they won't give us the price. They agreed to meet us halfway at 263,000. We are considering asking for our money, but they have informed us that we would only get the earnest money back, not the $3,200 that we had put down for the design upgrades. Is there a way to get all of our money back or the original price of $260,000

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