New Builder Contract Advice (Denver: real estate, HOA, lawyer) - Colorado (CO) - City-Data Forum

twinshk · 11-20-2021, 06:50 PM

I signed a purchase agreement for a new home around late October and paid my earnest money.

Early Nov, I was asking the new home advisor about the orientation of the home and on Nov 9, I got a complete diagram of the house.

I was not paying attention until about 2 days later that I realized that there will not be a driveway in front of the garage in the alley. When I asked the new home advisor, she was surprised herself when she got the diagram from the engineer. She thought the depth of my lot would allow a driveway there.

Before I decided to make the purchase, I drove around their already built neightborhood (earlier phase) and all of them have a driveway in front of the garage, including their model homes. It never crossed my mind that there will be no driveway in front of the garage.

Right now, I am trying to ask if I can move to their future lot that has not been released yet.

If I cannot move to different lot, do I have a case to get my earnest money back? I feel they should have informed me about the driveway.

My realtor just talked to the builder and I would have to go back to the waiting list. They implied it was my fault I changed my mind. It is true that I did change my mind after knowing there will be no driveway in front of the garage. To make it worse, I won't be able to park in front of the house either because it was closed to the 3-way intersection.

Thanks in advance.

Therblig · 11-20-2021, 07:59 PM

This sounds like something from a Three Stooges movie.

They seriously want to build you a house, with a garage, with no driveway?

davebarnes · 11-20-2021, 08:06 PM

Cancel the deal.
You should always have a real estate agent represent you as the price you pay will not change.
Never sign a builder’s contract without having your lawyer look it over.

twinshk · 11-20-2021, 08:15 PM

Thanks for your reply.

The garage access is a back alley, the garage will have a distance of around 6 ft from the alley. While my realtor is on my side, she said her previous home also didn't have a driveway in front of the garage door in the alley.

I did sign the contact and if they builder doesn't want to return my earnest money because according to them I changed my mind after signing the contract, what step should I do? If I get a lawyer, do I have a case here?

Therblig · 11-20-2021, 08:48 PM

So, you signed the contract without reviewing the final plans and lot layout?

I'd say you're out of luck, barring any good will by the contractor.

twinshk · 11-20-2021, 08:54 PM

Quote:

Originally Posted by Therblig

So, you signed the contract without reviewing the final plans and lot layout?

I'd say you're out of luck, barring any good will by the contractor.

Yes, that was stupid on my part. I thought it will be the same model plan that I chose and as I mentioned earlier, their previous finished homes (earlier phases in the neighborhood) all have a driveway, so I thought it it will be a cookie cutter home model plan in the neighborhood. Also, the builder is big and well-known.

COcheesehead · 11-21-2021, 08:02 AM

When we purchased new construction a site layout was part of the offer. It showed the position of the house on the lot with elevation lines. If anything like that was included and you signed off on it, it will be up to the builder whether they should return your earnest money. If the project is popular, you might be in luck.

COcheesehead · 11-21-2021, 08:16 AM

Also curious, what value does a six foot drive give you? Check the HOA, you may not be able to park on the drive anyway. I lived in a development that required you park in your garage or use guest parking. You could use the drive to load or unload, buy nothing permanent. Weird rule, but it actually cleaned up the look of the neighborhood.

2bindenver · 11-21-2021, 10:29 AM

Just wait. You can sell that house for way more than your purchase price. You will never win against their in house attorneys.

I just did this in October wit a house that took 11 months to build. Buyers sold made $45,000 and moved to Atlanta.

emm74 · 11-26-2021, 04:11 PM

Quote:

Originally Posted by COcheesehead

When we purchased new construction a site layout was part of the offer. It showed the position of the house on the lot with elevation lines. If anything like that was included and you signed off on it, it will be up to the builder whether they should return your earnest money. If the project is popular, you might be in luck.

yes, this. I had the plot plan with the elevation prior to signing the final contract.

And fwiw, I only have a 9ish foot driveway - I'm in a paired house and my neighbor has another 6 feet, because the model I have is bigger so it extends further back.

But in reality, if you are in Denver, you can't park in the alley anyway. I'm not sure about other municipalities. Or it may be different in other communities but there could still be HOA rules against it. Most alleys are not that wide and often people need to use part of the driveway across the alley to back out of their own garage.

So you can try asking if they will let you change lots, but I would not have high expectations of that request being granted. And you certainly can - and should - seek legal advice in terms of the specifics of your contract and whether you have any way of backing out now and getting your earnest money back. But I'm not that optimistic on that either.