Dallas-Fort Worth Real Estate Investor Club

German Schmear applied without mention in contract

  • 25 Jan 2020 7:38 PM
    Quote
    Message # 8682337
    kiran kumar

    My builder (in Texas) applied German schmear on the front elevation (brick) of our new house under contract without our knowledge. The elevation looks rustic and we don't like it at all. When asked the sales agent said he missed to put this in the "selection" sheet of the contract and apologized for his mistake via email. As per the builder the city has mandated that certain elevation needs to have this German Schmear but it wasn't brought to our attention while signing the contract and not mentioned in the contract as well.

     If I cancel the contract will I get my earnest money and appraisal fee ? 

    If the builder refuses to give back the earnest money what options do I have ?
  • 26 Jan 2020 5:35 PM
    Quote
    Reply # 8690174 on 8682337
    Neil Aggarwal

    If you take an oppositional attitude with the builder, I doubt you will get anywhere except court. The city requires it so its not like you can get it removed.

    Your best hope is to *nicely* ask the builder if they are willing to do anything for you because of the surprise. Work with them and try to resolve it to a mutually agreeable solution.

      Neil Aggarwal
      Property Financing, LLC

    Last modified: 26 Jan 2020 5:35 PM | Neil Aggarwal
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