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Tried to buy a new home, do I have a case?

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Old Dec 26th, 2007, 05:34 PM     #1
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Confused Tried to buy a new home, do I have a case?

I'm not sure if I have a case against a national builder.

This was what happened:

I have a lot reservation contract signed by both parties with a contingency that the previous buyers have to cancel first. The rep called me two days after and tells me that the lot was sold to the previous buyer so I told her to go ahead and send my deposit back. I call back the next day, talked to another rep and she told me the house was still pending and would mostly likely cancel. Then I find out the reason the first rep lied to me was because she had wrote the wrong price on my contract and so she wanted me out of it.

I still wanted the house though, even at a higher price.. so I wrote the her back on Wednesday specifically telling her that I want the house. They told me their phones were down so I had to use emails. I finally get a cell phone number from one of the agents and called her back. Then she tells me they signed a contract with someone else on Friday even after I told her in my email that I wanted the house 2 days prior. This happened over a period of about 2 weeks time, during which the builder had retained by deposit. I just got it back a few days ago after about a month.

I have the signed contract with the wrong price, the deposit check and I have a paper trail of emails. Do i have a case?

Thanks in advance!
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Old Jan 1st, 2008, 12:53 PM     #2
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Default Re: Tried to buy a new home, do I have a case?

You can certainly get the deposit back --It may be hard to sue on the rest...it may be better just to find a new and better home.

But check with a local lawyer as well if you want to proceed.
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Old Jan 3rd, 2008, 09:33 PM     #3
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Default Re: Tried to buy a new home, do I have a case?

Thank you for the advice. I think I'll just move on.
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