Unfair,Misrepresenting new construction Scam
I deposited $5,000.00 in escrow to build a preplanned home in 8-2008. I signed an agreement to purchase Plan A (3bedroom).I had requested wall & floor measurements in writing as they were not shown/indicated on the advertised home plans. Only the total square acrearage was noted. I also indicated that I would like to be all moved in within the next 3-4 months. He didn't see that as a problem. The sales rep advised me that I could opt for a larger Master Bedroom by taking down a wall between the Master and Bedroom #1, consequently, converting the house to a 2 Bedroom. In 10/2009, I inquired what the hold up was as building had not started. They had to get approval from the city first, to take the wall down, & show actual plans. Building started but I still have not seen the wall & floor measurements or the final 2 bedroom plan. The sales rep after many continuous requests in 12/2008, shows me a floor plan that didn't make any sense to me, still, no measurements. He gets his ruler out to try & actualize the measurements which even he admitted he could not do. I, then, asked to see the original, city approved, floor plans. He said; No problem. To this day, I never received this crucial info. In 1-2009, the frame was completed. I took one look at the size of the Master Bedroom and it was down-sized and not obviously 2 combined rooms. I told the sales rep that this is not what I agreed to. He said it would look bigger once the walls were done. I told him that the Master bedroom was too small, I'll be lucky if I get 1 bed & 1 bureau in there. And that the Master was not even a combination of 2 rooms. In 2-2009, I told the sales rep that I was no longer interested in purchasing a home that I did not approve of and he said he would relay my concern to the developer. Well, the new house construction was finally completed on 3-1-2009. I called the developer to request a full refund of the escrow money which he refused. I called the Title Co., advised them of the problem and submitted in writing to request a refund of $5,000. and the Title Co. needs a release signature from the developer who refused to sign. Now, the money just stays with the Title Co. till an agreement can be reached..??? Which will not happen. What do, I do ???
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