Legal Question in Real Estate Law in California

Builder can't get permits and wants to sell me different house

I signed PA for a 2 story house in Az.

The bulilder sold 3 other 2 story homes on the same side of the street.

The city has denied the permit for my house to be a 2 story.

The builder tells me I have 1 of 2 choices-

1- Take a smaller 1 story home (which I don't want)

or

2- Have my 15k in earnest money returned to me and i'm out.

I would take the smaller home but they're not giveing me ANY incentive to do it, other than a dinner offer and sell me the house at the price it was, when I signed for my house (appx 6k less).

DO I HAVE A LAWSUIT?


Asked on 9/10/05, 1:37 pm

1 Answer from Attorneys
Judith Deming Deming & Associates

Re: Builder can't get permits and wants to sell me different house

No, you do not have a lawsuit. The builder is being more than generous in his offer, and I would bet that if you look over your paperwork, you will likely find that the builder's obligation to build you the house you agreed to purchase was conditional upon the governmental officials granting permits for it; if this is the case, the builder need not even offer the smaller house at the old price and could tell you your only option is to get your money back.

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Answered on 9/12/05, 12:39 am


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