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building new home, should they have disclosed utility boxes would block part of drive

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Old May 4th, 2007, 10:53 PM     #1
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Question building new home, should they have disclosed utility boxes would block part of drive

My husband and I signed a purchase agreement to by a home that was not yet built with a three-car garage (which we pay extra for) aprox. a month later we received a plot pan showing utility boxes blocking the front of the third car drive. We spent a month trying to come up with a comprimise (looked into putting drive on other side, but because of set back requirements that would push house back over ten feet, angling house would do the same, andkeeping it facing the same direction but pushing back house five feet so we have usable space.) We filled out a personal mod request and put extra deposit for it. We were waiting for pricing on the personal mod and found that they aren't going to do it, and they had started building that day. Does that put them in violation of contracts if they didn't inform us of the driveway being blocked in the begining?

Also we are in Utah and state law requires agent to provide buyer and seller with contract containing signatures from both parties, which we didn't receive.

At this point I don't trust this builder and would like to get out of our contract without forfiting all of our deposits, but can only do so if they are in fault. Do I have a chance?
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Old May 6th, 2007, 10:02 AM     #2
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Default Re: building new home, should they have disclosed utility boxes would block part of drive

[Also we are in Utah and state law requires agent to provide buyer and seller with contract containing signatures from both parties, which we didn't receive.]

Did you sign?

That above would seem to mean you don't have a binding obligation yet. It would be reason to cancel.

Or you could sue for the decreased value due to the blocked drive. They really should have resolved that initially we agree--before building.
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Old May 6th, 2007, 10:53 PM     #3
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Default Re: building new home, should they have disclosed utility boxes would block part of d

No, we did not sign that we received documents with both signatures.
We just wondered if there would be any chance that we could get some of our money back before we went and paid a bunch in attorny fees.
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