That is terrible! I’m sure you are emotionally and financially invested in this house, but it’s a huge red flag that they made this mistake in the first place and that he’s offering so little compensation. There’s could be many more minor mistakes during the build and I would be concerned they won’t properly fix them or offered decent compensation, since they aren’t doing so on such a big issue.
If the house was already built with that orientation, would you buy it for the price you are paying? If so, maybe it will work out and be happy there, but if the answer is no, I think you will have a lot of negative feelings keeping the house.
Man, I'm sorry OP, I would be unbelievably frustrated. I'm trying to put myself in your shoes and imagine what I'd do. I know the concensus seems that you should walk, but I know how incredibly difficult that would be to do once you've picked the lot, settled on a floorplan, and are basically in the middle of the process. We built a couple of years ago and I know at this point you're likely feeling very invested, and backing out now seems almost like an impossible option.
I think you need to think seriously of what would happen if you DO walk. Realistically, are there other areas/lots/builders you'd go with,band if so, it just might be worth it to walk. If the area/lot/etc. is just so perfect and you have your heart set on it, it may be worth it to work with the builder, but I agree with PP's, my antennae would be way, way up on what other potential bumps in the road you might hit, and I'd be down there regularly having a look at the progress.
All that said, I think $3000 is way, way low and you should fight back on that. Maybe ask for some upgrades at no cost or something, rather than getting into actual dollar amounts? Like, are there upgrades you'd love to have but weren't going to go with because of cost? Maybe something to consider...
I think I would walk. $3,000 is a joke. I have no idea exactly what it would cost him to fix this, but I'd expect that amount PLUS $3,000 off as a discount to keep it as is. Are there a lot of new communities being built near you? I'd take your blueprints and move to a new builder/new community if it's possible (though I realize this is easier said than done once you are emotionally invested).
If you don't walk to walk I think momin2013's idea to ask (demand) upgrades is a good one. They can probably be more flexible with free upgrades.
Post by dutchgirl678 on Nov 16, 2018 10:30:01 GMT -5
We just moved into a new construction home but our situation was different in that they were building a large number of houses and they are quite close together so they didn't have any choice in which way to pour the concrete. That being said, we picked a lot with south-facing windows in the living room. We are on a hill and the back has a walk-out basement so our LR sits higher than the house behind us. We deliberately picked that house and floor plan because it met a bunch of our specs. If they had instead given us a house with north-facing windows in the LR, making everything much darker, I know we wouldn't be as happy there. We need our light! I think $3000 is a ridiculously low amount and would not settle on anything but a repour of the foundation. If that is not possible, then I think you should walk away. That is a lot of money for a new construction and you are planning to live there for a long time, so you should be happy with it.
Post by aprilsails on Nov 16, 2018 12:28:56 GMT -5
There is a lot at play. We’ve already put down deposits on appliances. We’ve pulled a small line of credit for the house deposit.
There are no builders in the area with lots of this size at this price point. We researched our options and if we want something similar from a custom home builder it would take us years since we would have to buy the lot ourselves. It would also be $250,000 for the lot alone in the area, never mind the cost of the house.
If we don’t build this house we would be going back to purchasing resale. This would likely save us money, but DH has had his heart set on building a home since I’ve known him. The layout is specific and a bit odd honestly, but it suits our needs perfectly. We also bought our first house on resale and spent the past 8 years gutting and updating it for our requirements. The main issues we can’t fix are commute length, and the size of the garage and backyard. Otherwise we could stay in the house indefinitely. We’re also a bit over our neighbours, which is difficult because the houses are 6’ apart.
While we are certainly adept at renovating houses at this point, we just really don’t want to start all over again. We have the benefit of time to hunt for something we want, but DH has really specific requirements.
We’ve got a phone call into our real estate lawyer to see if we could go after him for damages for lost deposits and interest if we were to walk away. This situation certainly doesn’t make the house unlivable to us, but I’m really super sad that it happened.
If we were to buy resale, it would be absolutely impossible to meet all of our requirements. So I don’t know if this compromise is worth it.
By the time they pour the foundation, ALL sorts of stuff has been plumbed in and done. How did nobody notice until the concrete was poured? This isn't a small thing.
I'm sorry. I don't even know what I'd do. But I'd definitely start looking at some resales this weekend just to see if you can find something. You said there is nothing perfect on the resale market but now this one isn't perfect, either.
By the time they pour the foundation, ALL sorts of stuff has been plumbed in and done. How did nobody notice until the concrete was poured? This isn't a small thing.
I'm sorry. I don't even know what I'd do. But I'd definitely start looking at some resales this weekend just to see if you can find something. You said there is nothing perfect on the resale market but now this one isn't perfect, either.
The first sentence isn’t necessarily true in homes that have basements.
OP, I would walk. We nearly walked on our new build (11 years ago) when we found out our next door neighbors flipped their home 90 degrees to face the other side of their corner lot. Instead of the back of their home facing a side of our home that doesnt have any windows, they now look right into our bedroom.
Post by stella1802 on Nov 16, 2018 16:46:11 GMT -5
But, you aren't getting a house with all your requirements. In fact, it sounds like you are not going to have a few big things that were must haves, unless I am just not understanding.
If you’re still considering sticking with it, I’d talk to several different people whose homes he has built in the neighborhood recently. Ask very detailed questions. Explain your situation. Then ask, “If you knew then what you know now, would still have used this builder?” Most people have very strong feelings about whether or not they’d use the same builder. (Take out the specific neighborhood or home floor plan stuff...just consider working with THIS person/company.)
I know an extra 6 months feels like forever, if they absolutely HAD to wait until spring, but in the grand scheme, it’s nothing. Wait 6 months to get the house of your dreams, or do it now, but be forever irritated by a major thing that can never be changed? People build houses while pregnant or with a newborn or major medical issues all the time. While not necessarily ideal, it can be done. I’d shift my life plan around a lot before I move into a custom build home that is a mirror of what it should be.
It’s overwhelming, I know. I hope you and your lawyer can get something figured out that you are happy with!
My husband is a builder and I asked him what he would do. He first off couldn’t even understand how this could possibly even happen. The surveyor, mason, contractor should have caught the mistake. He then said he would do whatever the customer wanted to make it right.
Run. You will think of this every day if it isn’t fixed. This could be the beginning of a whole lot of screw ups.
And get a lawyer. Do you also have a contractors board? My husband said you could file a complaint with the contracting board. They would investigate. They are the body that issues and can take away building licenses for contractors.
Post by penguingrrl on Nov 17, 2018 19:14:54 GMT -5
Honestly, run. This builder has shown you who he is. You’re paying top dollar for a custom house with specific specifications that you’ve thought through. This major and obvious a screw up on stage 1 bodes poorly for this contractor’s ability. You’re going to pay a premium for a series of disasters with this.
I’m really sorry. It completely sucks. But you need to run. You should be able to get all your money back since you’re leaving due to the contractor not doing his job correctly.
Post by stackingtens on Nov 18, 2018 12:50:13 GMT -5
I am late to this convo but wanted to pop in. I am a designer for a custom design-build firm and this is the kind of project we do all the time. I cannot figure out how this mistake is even possible. We would never even begin a foundation pour until we had walked the site with our homeowners and flagged/marked/noted every possible detail. I've stood outside in the freezing cold and wind using compasses to change the orientation of a house by 2 degrees for clients, to make sure it's exactly what they want and so that the kitchen window orients on exactly the view they envision. If we were capable of making a mistake of this magnitude (which I'm sure we all are, but hopefully we have the right checks and balances in place!)- it would absolutely be our mistake to correct. And the only correction I can imagine would be a demo and re-pour. And it would cost me a ton of $ to do it, and to cover your additional temporary housing, you name it. My guess is that my owner would actually PREFER you walk away at that point, because by the time we demo and repour (assuming it has to wait til spring) we would lose so much profit on the project that we would be better off not doing it. At least if we built it as a spec house and sold it at that point, we could get it done in the same timeline and hopefully sell it in the spring market. Your builder likely knows this, and is hoping you will keep it as is, or walk. A redo is just about the worst possible option for them (and you, obviously). I don't know how it is in Canada, but here in the states, our clients would be calling our statewide homebuilders association for direction to the team that handles legal matters (statewide contractor's board, basically). We require that all disputes are also mediated by the BBB (we have never had to do this, but we include it in our contract up front). Either way, this completely sucks for you guys and for that, I'm so so sorry. But ball is really in your court. At this point, I would be concerned what other checks and balances don't exist in their process that such a massive error could be made. And if he is taking attitude about it now, telling you that $3k is enough compensation, then I would run. Get a lawyer on board to review your contract ASAP. THere's no way that that kind of compensation would fly in our market.
Post by stackingtens on Nov 18, 2018 14:41:36 GMT -5
With my boss right now (he's a good friend) and he's been in this business a long time. Asked him "what if" to your scenario and his words were "that is a $20k goof up".
With my boss right now (he's a good friend) and he's been in this business a long time. Asked him "what if" to your scenario and his words were "that is a $20k goof up".
This is just it. If we were to ask for another lot and to rebuild again it would cost him well over $20k in opportunity cost, since most of his remaining lots have premiums and his house prices have jumped up $15k for builds starting in the summer.
We will discuss our options with the lawyer this morning. I was talking with a City inspector who is a friend last night and he said it’s something he has seen among tract builders (200+ houses a year) but never in a custom builder.
This happened to a family member of mine.. They bought a lake lot and their living room and master bedroom should have had a lake view. Instead their garage does. They stuck with it because the lot was hard to find and they had already put in a pricey retaining wall.
It took them 2 YEARS to have the home finished. It had multiple other errors and poor worksmanship that they ended paying for other contractors to come in and fix. They went way over budget and said there is no way they would have continued with the contractor with what they know now.
Post by aprilsails on Nov 19, 2018 13:20:08 GMT -5
He wants us to decide by end of day tomorrow since he is either going to frame to the base model, or do custom framing that we had previously agreed on for our modified kitchen layout. Haven’t heard back from the lawyer yet.
I’m gutted. I really don’t want to walk away from this. I was hoping a solution could be found. I also don’t want to hear my husband complain about this for the next 30 years so... ugh. All solutions suck.
He wants us to decide by end of day tomorrow since he is either going to frame to the base model, or do custom framing that we had previously agreed on for our modified kitchen layout. Haven’t heard back from the lawyer yet.
I’m gutted. I really don’t want to walk away from this. I was hoping a solution could be found. I also don’t want to hear my husband complain about this for the next 30 years so... ugh. All solutions suck.
This is way too big and important a decision to settle on. The builder clearly wants you to walk so he doesn’t have to fix his mistake, I would walk. The trust is broken. Hard though it is, you need to walk.
He wants us to decide by end of day tomorrow since he is either going to frame to the base model, or do custom framing that we had previously agreed on for our modified kitchen layout. Haven’t heard back from the lawyer yet.
I’m gutted. I really don’t want to walk away from this. I was hoping a solution could be found. I also don’t want to hear my husband complain about this for the next 30 years so... ugh. All solutions suck.
I’m a lawyer and I wouldn’t need a long time to analyze this issue. If you really want a fix vs walking away, then I’d press your attorney to write a letter explaining his breach (I call them nasty-grams).
Personally I don’t know that a credit would equitably address your concerns. A proper fix isn’t impossible, just more $$. That’s his problem.
This won’t be the only error, it won’t be the only delay. And now you see how he deals with those things. “When people show you who they are, believe them” - I know it’s disappointing but it’s going to get worse if you stick with it.
Post by thatgirl2478 on Nov 19, 2018 21:12:38 GMT -5
I get that you put deposits down, but this is pretty major. I would put the builder on blast - and I'd lawyer up. It's not like you're building a 200k house.
I also don't understand why tearing it out and starting over on the same lot isn't a solution (other than delaying the build a bit).
So, I would tell your lawyer that they need to send the builder a letter NOW saying he has to honor the contract and repour the foundation. Plus he will cover the costs incurred by his mistake. Even then, I would be hesitant about continuing to work with him.
The builder is playing off of your lack of knowledge ( not a dig at you, its a jerk move on his part) and trying to manipulate and pressure you with scare tactics. He's in the wrong and knows it. He's hoping you won't make him fix his mistake.
But you will be unhappy in this house if it gets built the way it is poured. Listen to the builder who posted on page 2. I'm sorry
Post by minionkevin on Nov 20, 2018 1:09:35 GMT -5
With all of your builder’s jerky behavior I would not be surprised if this “mistake” was on purpose. Prices are going up but you locked in awhile ago, so he can probably get more $ from someone new even with the mess up, he probably thinks you’re picky due to the way you wanted everything oriented (which I don’t think is bad, I think he’s just an asshole), etc. RUN.