Legal Question in Real Estate Law in North Carolina
how to get my deposit back from builder
We went to the builder ( Parker & Orleans homebuiler) and picked a lot. The lot we picked was flat and a little elevated compared to the lots on the right which were the lowest. The builder agent and our buyer agent said the lot we picked would not have a upward slope in the backyard, but the lots on the right that look like a little depressed valley would.
During the pre-construction walkthrough, we were told there would be a slope in the backyard, we protested immediately, but the builder didn't take it seriously. Then they started working, and removed tons of soil from our lot to the lots on the right to make them look better. Now the depressed lots on the right are just as high as ours, and the worst there is a 3 feet high upward slope at our backyard, which we hate deeply. We went through agents on both sides to negotiate, but the builder refused to change anything. The builder didnot wanna negotiate for any compromises. We have no choices but to back out. and builder refused to return our hard-earned 20K$ deposit. Our agent now is powerless. As a first time home buyer and a busy mom of a 11 month old, I am so upset and helpless. please help if you can!, Thanks.
2 Answers from Attorneys
Re: how to get my deposit back from builder
It really sounds like you would need an attorney to try to recover your earnest money or at least tell you if there is a decent chance that you can recover it. Perhaps you could start with the attorney that you were going to use to do the closing?
Re: how to get my deposit back from builder
These sorts of issues are usually decided based on the language of the written contract. An attorney would have to look at that language closely, and perhaps obtain additional facts regarding the oral communications with the builder. You probably need to take this to an attorney.
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