Why do people have to be so dishonest?!?!****UPDATE****

[cynsaun]

We are 10 days from closing on our dream house. The builder we are working with was absolutely great from the beginning, but over the last few weeks has been impossible!

The latest is an absolute knock out. My husband called the oil and gas company to set up our account. He was told that there would be a $33 charge every month for four years to pay off the water heater. WHAT?!?!?!?! Before we signed our contract, our realtor asked this builder if the water heater was a rented unit (some builders do this in this area); he wrote back that no, it was not a rented unit. The contract does not specifically lay out that the water heater is rented through the company that put it in, merely that it was by them.

My husband called the builder telling him that we have in writing that this was not a rented unit and his response was, "well, that is just semantics." He said that we asked if it was rented, but it is in fact leased. We are flabbergasted that he is being this dishonest.

UPDATE: We met with the builder this afternoon and showed him the fax we had proof that he said the water heater was not rented. His face dropped, and he wasn't very happy. He agreed to pay for the water heater, though.

We are quite relieved, because we know we had a case, but we didn't want to have to go the legal route.

I would also like to give a HUGE thank you to Stephanie (Boo'sMom) for all her help. We wouldn't have been as prepared if it weren't for all her help. Thanks, Steph!

 

[RadioFanatic]

I would take him to court for that - you have it in writing and no judge is going to agree with the contractor that renting is different from leasing.

 

[SherryNC]

 

[Alicnwondrln]

take him to court!!!

 

[cynsaun]

Yup, that's what we will have to do. We just wanted to be done with the building process and move on with our lives. Unfortunately, we can't put off the closing, and we have to have hot water to live in the house. UGH! It is always something.

Usually, the judge will not look at writings prior to a signed contract. When the contract is ambiguous (which ours was with respect this is issue), the judge will look at this email. We will have to write a letter protesting the payment to the oil company until we can get this settled.

The builder won't return our calls, ignored us, and removed the lockbox from our house since all this came up. Thankfully we have a very seasoned realtor that is going to bat for us.

 

[tiggersmom2]

Oh yeah.....I would so take his butt to court...what an *******!!!!! Sorry you are going through this.

 

[totalia]

You should take him to court for that. He lied to you and is twisting words to do it.

 

[Laz]

I would also hire an independent inspector to go through the entire house with a fine tooth comb before closing. Present him with the document before closing asking for his written response. If he is doing this with the water heater, what else could he be doing?

 

[bicker]

Keep track of what gets signed at the closing -- that there isn't anything that would represent giving away your right to sue them about the misrepresentation after-the-fact.

 

[LMC]

Can you tell him you are not interested in a "leased" w/h and have him remove it? He can continue the lease on his own; I would have to assume he signed some sort of document with the company for the lease which would obligate him to it and not you.
Tell him you will have a plumber install a "paid for" waterheater from Lowes or Home depot. Our w/h's were free from the electric company. If you go w/ electric ones in our area, they power co. gives you the w/h's free!

 

[Boo'sMom]

Sent you a PM.....

 

[DawnCt1]

The builder won't return our calls, ignored us, and removed the lockbox from our house since all this came up. Thankfully we have a very seasoned realtor that is going to bat for us.

The realtor's fiduciary responsibility is actually to the seller; that is who pays his commission unless you are paying your realtor a fee (which is an unusual arrangement). What you need is a very seasoned attorney and you may just be able to avoid going to court.

 

[cynsaun]

Keep track of what gets signed at the closing -- that there isn't anything that would represent giving away your right to sue them about the misrepresentation after-the-fact.

Yes, we are being so thorough to avoid something like this happening. I wouldn't put it past him to try to squeeze something into the paperwork.

 

[ChristmasElf]

At $33 dollars a month over a period of four years, you would be paying $1584 for a water heater! That's about 3 X of what you could buy one outright at Home Depot or Lowes!

 

[cynsaun]

At $33 dollars a month over a period of four years, you would be paying $1584 for a water heater! That's about 3 X of what you could buy one outright at Home Depot or Lowes!

EXACTLY! They told us this was the top of the line model. Oh great.

 

[Laurajean1014]

That's $1584 you will be paying for your leased water heater.

I would discuss this with your builder and maybe your lawyer. Have you given the last of the escrow to the builder?????

 

[cynsaun]

That's $1584 you will be paying for your leased water heater.

I would discuss this with your builder and maybe your lawyer. Have you given the last of the escrow to the builder?????

I know it!

We have tried speaking with our builder, but he is being an idiot. I have spoken with our lawyer, and know that we have a case here. He has 20% of our money already, and gets the last of it at closing. I'm sure we could get it back if we wanted to, but there are not other houses that fit out needs here. We would also lose our fantastic interest rate, and we have nowhere to go, since we gave our notice to the apartment, and our furniture is being shipped from storage in NC next week. I think he wants us to back out, because he could sell our house for a lot more money than our contract price.

 

[Serena]

I"m sorry, that just stinks. I hope you get it all settled with no more problems.

 

[kadaten]

The realtor's fiduciary responsibility is actually to the seller; that is who pays his commission unless you are paying your realtor a fee (which is an unusual arrangement). What you need is a very seasoned attorney and you may just be able to avoid going to court.

Actually, in most markets buyers can and often do work with a Buyer's Agent, and they have a signed agreement that states the agent's responsibility is to the BUYER, even though their commission does still come from the seller.

A good Buyer's Agent is worth her/his weight in gold!
Especially if you're in my shoes, and always buying long-distance

To the OP--I'd definitely fight it. You might see if your state has a contractor review board. When we were in VA, our deck builder was a no-show after he took our deposit. We filed with the contractor review board, which meant we had to take him to small claims court (anything under $5,000), do the discoveries, etc., but when we got a judgement, the review board paid us, instead of us having to attempt to get the money out of him. They then rescind his license until he makes restitution to the board. It's all part of their licensing regulations...basically an insurance policy. It was a long, drawn-out process, but something we could do without hiring an attorney, which honestly will probably cost more than the money you stand to lose. The board also refunded our "legal costs" since it cost $50 to file in small claims court... GOOD LUCK!

 

[cynsaun]

Actually, in most markets buyers can and often do work with a Buyer's Agent, and they have a signed agreement that states the agent's responsibility is to the BUYER, even though their commission does still come from the seller.

A good Buyer's Agent is worth her/his weight in gold!
Especially if you're in my shoes, and always buying long-distance

To the OP--I'd definitely fight it. You might see if your state has a contractor review board. When we were in VA, our deck builder was a no-show after he took our deposit. We filed with the contractor review board, which meant we had to take him to small claims court (anything under $5,000), do the discoveries, etc., but when we got a judgement, the review board paid us, instead of us having to attempt to get the money out of him. They then rescind his license until he makes restitution to the board. It's all part of their licensing regulations...basically an insurance policy. It was a long, drawn-out process, but something we could do without hiring an attorney, which honestly will probably cost more than the money you stand to lose. The board also refunded our "legal costs" since it cost $50 to file in small claims court... GOOD LUCK!

Yes, she is exclusively our buyer's agent. Sorry, I missed Dawn's post before.

I am hoping that we have an quick resolution. We don't want to take possession of the house until it is resolved, but we don't have a choice. We have been renting an apartment while our home was being built, and we have to be out by the second of September. We also would lose our good interest rate, and have to go through the whole mortgage process again.