It sounds like you have written proof of their original promises. Based on this, you signed a contract which they are now trying to modify. If THEIR agent made a mistake, they own the mistake.

I suggest consulting a lawyer.

The builder has substantially altered the terms of the contract. This almost sounds like fraud and they are hoping you won't call them out on it. If you do hold their feet to the fire over these issues, who knows what other corners they will cut in order to make a bigger profit,

What you will end up with is not the home you thought you were getting. You should get out of this contract and away from this builder.

Time to consult with an attorney and to review breach of contract and damages. Run, don't walk!

I would post this question in the Buying/Selling forum, too. There are several realtors there that might be able to give you some professional insight.

So sorry you're going thru this!

Thanks everyone for the responses. I will cross-post to the buying/selling forum, kelhuck, good idea. Looks like my fiance and I have a lot to discuss tonight...

Mydreamhome -- The realtor we're using is not the builder's, he is acting as our realtor only. The communication chain is: us > our realtor > builder's realtor > builder's design lady > builder's GC. I'm not sure how much of this mess is legitimate deception and how much is just a huge game of telephone gone wrong, but I'm wary.

We haven't told anyone how much extra we plan or are able to spend, only that we're talking over the charges presented to us and will get back to them. Our realtor is actually the landlord/manager of the townhome we're renting right now, though. Was it a terrible idea to use him? Maybe, I'm not sure.

You were correct....Very long post :)

Well we are having nightmares with our builder and I can tell you know to heed the advice that has been given, RUN...dont walk and get out of that contract asap. If I only had that option know I surely would take it. We can honestly say we would never build with our builder again nor advise anyone else to. I will say exactly what it is and if the builder and builder's agent are lying to you know, believe me it is only going to get worse. It is a good thing if you do have the emails showing what the agent stated to you was included so you do have a paper trail to prove a breach of contract. If the realtor gave you misinformation then that should be on the realtor and builder to eat those cost, not put back on you with a sorry that was incorrect.

You may want to check out other builders as well and see what their cost are for upgrades. Not sure what type of gas fireplace you were getting or where you are located but $3,500 sounds expensive for a gas fireplace in a tract home (not custom). Just for reference our builder charged $1,490 for a gas fireplac. If you look at our blog I do have upgrade sheets and prices listed there just to give you an idea of what our builder charged. The information you received that builders don't make any money on upgrade is a straight up lie. That is exactly where builders make money because they know they pretty much have you where they can increase the cost because a) people want to finance upgrades and don't want to pay out of pocket for them later b) somethings are just easier to add on the front end rather than doing demo/remodeling to put them in later & c) alot of people want a turnkey house that when they move in they don't have to do anything to. For these reasons builders know they can and will charge you more than you would normaly pay. It really seems like its a part of building and thhere is not alot you can do about it so you have to make decisions on what you are willing to pay for.

The realtor quoted you $300 for LED under cabinet lighting? I wouldn't have believed that to begin with just for the fact it will cost more than that for me to buy my own led bars discounted and do it myself. Did the builder not have a pricelist that you could physically see what you were purchsing and what the actual cost were?

I also believe that you need a new agent representing your best intrest as well. Seems like your current agent is more concerned with getting a sale than putting your best interest first. If you do have all the things you mentioned in writing I would see a lawyer quickly before they proceed any further. Building a house is a stressful journey (well it was for us) and to have a builder who doesn't care will only make things worse!

well just my .02 cents FWIW, hope it helps

Here is a link that might be useful: Our home sell/build blog

Are you paying the realtor to represent you in this negotiation or will the realtor get a commission from the seller? The qualifications and duties of realtors is often misunderstood by buyers.

You wouldn't go to court using your opponent's lawyer so why would you use an agent who has no fiduciary responsibility to you?

Unless you know how the game is played you should pay someone who does to represent you and that person can have no other interest in the outcome of the negotiation.

I would talk to a lawyer but I would not tell anyone about the lawyer until it was time to drop the hammer on this elaborate scam.

Brochure and spoken claims that do not make it into the written contract are exactly worth the paper they are NOT printed on.

NOTHING.

Unless the contract calls out the brochure it is NOT part of the contract, and I will almost bet money there is a contract clause that says words to the effect is 'this contract is the sole and complete agreement between the parties' and you agreed.

You can lawyer up, but the best outcome is likely to be the contract is cancelled and you may get some money back.
Possibly less the builder's attorneys fees.

Consulting a lawyer does not mean you have "lawyered up"; this is a civil matter and the best resolution may even be in the form of a negotiated settlement.

Telling the other party that you have hired a lawyer would probably cause them to ask their lawyer to write letters to your lawyer and run your fee up until you give up.

What you want is for a lawyer to explain to you the meaning of the current contract and what your immediate options are. The lawyer should only make contact with the other party if you had a clear legal advantage. No one should make such important decisions without fully understanding the issues and no one on the internet will be able to do that for you.

It often happens that the people who perpetrate these bait and switch scams are already in trouble with consumer protection and/fraud laws and you may be able to take advantage of that fact. You can be sure you are not the first buyer to be taken advantage of by this company.

Tinydogs, may I ask, who is your builder?

"Consulting a lawyer does not mean you have "lawyered up""

Only if your attorney is free.

If you do not understand any part of a contract, the time to talk with an attorney is BEFORE you sign and AGREE to the contract terms.

"It often happens that the people who perpetrate these bait and switch scams are already in trouble with consumer protection and/fraud laws"

Doubtful.

Far more likely is someone signed a contract without fully understanding it.

Renovater8 is exactly right. Many attorneys would look at this situation for a couple hundred dollars. A pittance compared to the money being spent. I do this kind of thing for clients frequently. If I can quickly tell that I won't be of any use, I don't charge at all.

Even if you look at your contract and it seems to leave you no options, still consider talking to an attorney. I see contracts every day that are unenforceable for any number of reasons.

No one can ever give you advice that it is not worth seeing an attorney or that seeing an attorney will make you worse off. Only an attorney can make that call. (Are you seeing a theme here?)

Bottom line, anytime any conversation online veers into contracts and legal rights and such, the only response should be seek an attorney. It is irresponsible and likely illegal for anyone to try and tell you what your likely outcome is. People on here are experts when it comes to houses and construction, but even the lawyers here can't tell you about your legal situation.

Ok, any communications most likely will be irrelevant.

It is all about contract. This mess is not unusual.

Normally builders make most money made in upgrades. You had a contract there is some misrepresentation. If anything you stating is part of the contract - tell them to eat it.

If it is not negotiate. Tell them you need to stick to the budget. Fireplace $3500 - is a little steep, but I think it extends outside of the house... I would tell them it was $3000 on the spec, when you signed contract this is what you expected to pay.

You need to decide IF you want the house, if yes - negotiate, if no walk away.

> entire back 35' of the property is storm sewer/overland drainage/public utility easement

So? In our area you can have it fenced off. In theory utility company can dig it up for some reason, in the new track subdivision it will never happen. In theory the can demo your fence, in reality - even if they need to, they will carefully remove and reinstall it.

I had a client whose neighbor could drive over the utility easement at the back of his yard and he couldn't build a fence on it. He bought the right to keep people off of it and to build a fence and it cost him more than the property did.

Woulda, Shoulda, Coulda has no relevance in this discussion; the OP is in trouble and needs help.

Talk to a lawyer immediately. Waiting even another day could cost you money and aggravation.

Any follow up as to what is happening?

Also, who is your builder?