Expert: Sue Bernstein - 10/22/2007

Question
My husband and I rently signed a contract to build a new home. We have deposited 8000,00 so far on the home and have a closing date in 45days. So far we only have 25% of the selections we wanted. We didnot get the brick, they claim it was discontinued and got the next shade to it...The granite was installed but not the right shade, I selected a cream and they put in a gold, now the siding is discontinued and we had to select a cream verses a champage..We hate the color of the home outside...and can't stand the granite...The builder just says they are
sorry...We want out the contract....What want should we do

Answer
Dear Sandra,

Look at your contract.  Were your selections in writing?  If so you should be able to refuse the substitutions and get what you originally chose or have the option of other choices to your liking.  It may say in the small print that the seller can substitute if your choices become unavailable.  You may need to have an attorney review your contract and see what outs you have. Do you have a loan or any other type of contingency that you can get out on?  If you are bound to the contract your other option is to refuse to close and lose your deposit or negotiate with the builder to at least get some of it back.

Hope this helps and good luck.

Sue Bernstein