New Construction House. Builder Flipped Floor Plan Layout

8 måneder siden

sidst ændret:8 måneder siden

The builder flipped the floor plan layout without telling me and it's in the contract (contract just says Garage: Right) which I've signed already.

I just noticed it today after the foundation has been laid. Contacted the builder and he says: "The handing or swing of the home is determined by the underground utilities already in the ground. It’s not something that can be changed. The contract states the right or left swing of the home."

My issues with this is I picked the corner lot so that the living room windows would have an open view. But now they'll be facing the neighbor's walls 6-7ft away.

What are my options, if any? I paid him $10k in earnest money deposit + $12k deposit for upgrades

Update: The floor plan drawing on the contract's last page (last screenshot here) shows the original floor plan that I agreed upon

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AshMSport
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8 måneder siden

Update: The builder said if I cancelled the contract I'd forfeit all of my $22500. Said legally they were covered but I was determined to go to the court if it came to that. As an alternative he offered another corner lot to me, I liked that and going ahead with terminating this one and signing a new contract.

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(57) kommentarer

AshMSport
Forfatter
8 måneder siden
@TT @millworkman The floor plan drawing on the contract's last page (just added last screenshot) shows the original floor plan that I agreed upon. It's a deal breaker for me. I paid $15k extra for that plot with that layout in mind and $10k in deposit.

Thank you all for your comments.
PRO
Mark Bischak, Architect
8 måneder siden
Sidst ændret: {last_modified_time}8 måneder siden
Ask: "How exactly do the underground utilities dictate the handing or swing of this house on this site?"
anj_p
8 måneder siden
What the builder appended to your contract is just their sales literature. They are not construction drawings. Our contract also had the sales literature appended. The actual last page had the plat with the home layout shown. After that we received the construction drawings to sign off on. Maybe Pulte isn't as communicative with their buyers.

I'm really sorry you were surprised by this. At least if the side of the house faces west the orientation might be a blessing in disguise.

If things are selling well in your area you may be able to ask to change to a different lot. Not sure whether Pulte would accommodate that though.
T T
8 måneder siden
With the inaccurate floor plan on your contract, I think you should have an easy out. You may have to escalate it a bit with Pulte, but as a large national company, they won't be worried about the financial impact of you pulling out of this contract. Just make sure you demand every dollar back.
AshMSport thanked T T
PRO
Jeffrey R. Grenz, General Contractor
8 måneder siden
Regardless you either take it or leave it and try to get your deposit back or switched to another.

"builder reserves the right to modify...."

These are purchase contracts. You are not hiring a contractor.
AshMSport thanked Jeffrey R. Grenz, General Contractor
anj_p
8 måneder siden
With all due respect, it seems that some people on this thread maybe haven't built with a tract builder before and aren't familiar with the process. Model homes are not indicative of home orientation. Sales literature isn't indicative of home orientation. Pulte does thousands of these contracts every year and what they include hasn't been an issue - and it won't be an issue with yours either. With a different tract builder, I had a similar contract - they are all the same.

It's just another example (of which there are many) of not knowing what you don't know and making assumptions about the process. It even happened to me - I was very thorough, making sure I knew everything about what we were getting. I checked dimensions on our floorplan but didn't realize the elevation we chose reduced the already narrow front bedrooms by 1'.

That being said, they probably don't want to go through the process with someone who is devastated by their choice. So ask if you can change lots. If things are selling well in your area they may let you. I doubt they'll just hand your money back though.
bry911
8 måneder siden
"in a tract build the garage location is predetermined by utilities and grading. You do not have recourse."

There are certain duties that the maker of a contract has that the signer of the contract doesn't. One of those is to remove contradictory or misleading language in the contract.

If the OP's contract says garage: right, then there is a good chance that they have recourse. Even if the contract later has a clause that allows the builder to make changes or notes that the utilities dictates the garage location. The garage location was likely determinable before the contract was signed. Which means that the builder could have correctly indicated the garage side and didn't.

The problem the OP faces is not winning a breach of contract case, the problem is getting the money back without having to file a breach of contract case and spending more on attorneys than the deposit. The best way to do that is first to ask... then to see an attorney to get a demand letter with some weight behind it. Odds are the builder isn't going to fight over this, they may be reluctant to release the OP but they are likely not going to dig their heels in too deep.

Generally speaking, it is not difficult to be released from a tract home contract especially when you are still early in the process. Tract builders don't like uncertainty and if there is a chance that you are not going to buy the house the builder doesn't want you making selections because it exponentially increases their risk. Of course, there are many exceptions to that generalization, but too many people focus on the strength of the contract and forget that there are many other variables that a builder is considering.
Ally De
8 måneder siden
Bry nailed it. If this is truly a deal breaker for you, then tell them that and state you respectfully request they return your deposit to you. If they tell you no, then I'd have an attorney consult at that point.

FWIW, based on your description I understand why you're upset. Having a clear view from my living room windows, vs. staring at the side of a neighbor's house would matter a lot to me too. I own a vacation house in a planned community, so before anyone starts getting all snarky about "it's a tract build" - yes, and yet it still matters. I bought my house partly because my view is far better than having my main living areas looking out onto the side of another house.

I look out onto open space in the community and I really enjoy it. I watch birds, I watch little kids ride their bikes, I see my neighbors out walking - I enjoy all of that. I would not enjoy staring at the side of another house 6 feet away. If you're someone who leaves your blinds shut 24/7 then I understand it doesn't matter to you. However I love sunlight and I pull my blinds up during the day and just like the OP, if I was building a new house this would really matter to me. She signed a contract that says "garage right" in several spots. I'm not an attorney and don't try to play on one the internet - all I know is, she signed something that specifies something she did not get....so it's worth an attorney consult if they tell her to pound sand.
anj_p
8 måneder siden
Sidst ændret: {last_modified_time}8 måneder siden
Just so everyone's clear. Garage right is the flipped plan that is being built that the OP doesn't like. The model home, and what the OP wants, has garage left. The contract is correct for what is being built.
bry911
8 måneder siden
Just so everyone's clear. Garage right is the flipped plan that is being built that the OP doesn't like.

Sorry I misunderstood that.
Ally De
8 måneder siden
Ooooh - my apologies as well. That is a major problem then.

OP - if that's true, then I'm afraid your options are limited...I'm so sorry.
PRO
Mark Bischak, Architect
8 måneder siden
Maybe in the Job Initiation Order "Garage: Right" is the opposite of Garage: Wrong.
PRO
Virgil Carter Fine Art
8 måneder siden
Right on...and write on, from your attorney!
AshMSport
Forfatter
8 måneder siden
@Mark Bischak Asked them about "utilities already in the ground" he said that's what the city lays underground for water meter, electricity & gas when they get the lot and cannot be changed. So even if I'd noticed it before signing the contract I'd have needed to pick a different lot
David Cary
8 måneder siden
I suspect that is not true. I certainly realize that all areas can be different. I have built custom and tract in my area and the utilities are laid underground by someone in the right of way. I say someone because it isn't common that the "city" controls the water, electricity and gas lines. In my area, city controls water but not electricity and gas. There are few jurisdictions where the city controls electricity or gas.

I suspect contractors are used that maybe organized and hired by the city. There is a coordination of work but have you ever called the city because the electricity was out?

But even still, all this work is done in the right of way - in my area. Typically the developer coordinates to bring the utilities to the lot. Now it is certainly possible that the utilities are all done very early in the process and the city is involved.

Ok - but that still doesn't dictate where a driveway is allowed. They would typically use the area between the houses to place the lines. Even if they ran straight up the middle and veered right or left - do you really think utilities enter the house from the front. I mean it is possible but putting electric meters, gas meters on the front of a house is rather awkward - and I suspect that isn't done.

And dissect one other thing - you state that these things are finalized when "they get the lot". So you are saying that a developer has bought the land with utilities already done that restrict where they can place a driveway and the house. Can you imagine a developer buying each plat separately after utilities are predetermined? That would be the opposite of a "tract". A tract is a large area of land that is split and developed by the builder. There were no utilities when the tract was purchased. The builder determined where those utilities were placed - and probably built the roads. All with a predetermined plan on what they were going to build.

Again - parts of the US maybe different. But even accounting for that, I really suspect you don't have the full story. What you are describing is a city developed tract. I am sure that can happen but odds are it didn't.

Sorry this has happened to you. Looking at the plan, it really looks like it was designed to be the end of a row of houses with heavy windows on one side and not the other. It seems to be common sense to orient it that way. Good luck.
AshMSport thanked David Cary
AshMSport
Forfatter
8 måneder siden
@davidcary Not sure if it helps to determine if he's telling the truth or not, but this is in Garland, TX.
anj_p
8 måneder siden
In tract builds the garage location is predetermined. Period. The builder is not lying. It isn't a custom build. You can go back to city council meeting minutes and pull the developer's plans for the development, and it would likely show driveway grade and utility stubs. Here is mine. This was the approved plat from the city. I've circled the pertinent information that shows garage side and utility connections for our house and our neighbors' - those which are visible. The utilities that matter are sewer and water, but really everything has been predetermined. The developer doesn't know what house is going to be put on the lot, nor where the windows are for that house.

These things are preset because the entire development has an approved grading plan and plat, which you can't change without revising the stormwater plan. If you change the side the garage is on, you change the drainage plan, and end up with utility connections under your driveway (terrible idea). I'm sorry but no builder is going to pay the developer to revise the utility stub outs and drainage plan in order to keep a customer happy.

Again, I'm sorry that you didn't understand this, and didn't know to ask. Your choices are to ask to choose a different lot or back out and probably lose $10k. An expensive lesson to learn but at least you're not in a house you're unhappy with. And at least you are now armed with a little more knowledge about how developments work and can do your due diligence before you sign.
AshMSport thanked anj_p
anj_p
8 måneder siden
BTW, the photo I posted was in our contract. The house shown on the lot is not even our floorplan. I asked the builder to make sure they weren't building that house and she told me that it was just to show orientation.

Add to the list of things to check when you buy in a development: always check the survey/plat for easements. A lot of people don't do that and then are surprised to find there's a utility easement (typically drainage but could be anything) that prevents them from X (I know two people that did this - one couldn't put in a fence, the other couldn't build a deck).
AshMSport thanked anj_p
Ally De
8 måneder siden
It wouldn't hurt to ask the builder if they'd let you switch your contract for the same (or even a different?) house on a different lot, which would accommodate your desired orientation.
AshMSport
Forfatter
8 måneder siden
Sidst ændret: {last_modified_time}8 måneder siden
@anj_p Thanks for clarifying that. I was seriously starting to doubt the builder after reading the previous comment by David. After careful thinking I've decided to ask the builder to release me from the contract. Sadly they have more than ~$28k from me including the money I paid towards upgrades. The houses in this community are in high demand, everything's sold out in the last 4 months, except for a couple of lots. This being a premium lot should be an easy sell for them. Waiting to see what he replies with.
anj_p
8 måneder siden
@AshMSport Good luck. I hope they let you out.

I understand your desire for windows - we chose our lot for the same reason. We have an outlot next to us, and I specifically asked what side the garage was on when we picked our lot since I knew where our windows would be and wanted our views to be of the outlot. (More important was the orientation - our back of house faces south and slightly east, which is the best orientation IMO).
PRO
HALLETT & Co.
8 måneder siden
Great! Thanks for the update. Sounds like a great solution.
AnnKH
8 måneder siden
Glad to hear it! You must be so relieved.
PRO
Mark Bischak, Architect
8 måneder siden
Understand the ramifications of a corner lot has on a house's design. Plopping a floor plan, meant for an interior lot, on a corner lot, many times does not work well.
chispa
8 måneder siden
Sidst ændret: {last_modified_time}8 måneder siden
The OP said lots in the planned development were small and neighbors would be 6-7 ft away. The house designs stay the same in these developments. The issue will be if the windows aren't facing the neighbor 6-7 ft away ... what will they be facing ... could be the street, a bit further away, but then it might also be visible to every neighbor that drives or walks by on that street. And at night you could get headlights shining into your living space. Only the OP can see the actual orientation and views,and decide which will be better or worse.
AshMSport
Forfatter
8 måneder siden
Sidst ændret: {last_modified_time}8 måneder siden
@chispa That's a good point. It'll be facing the street and open space on the other side of the street. There's a fence between the street and the house. So I doubt the headlights will shine into the living space but at night the shades/curtains will be down mostly.
chispa
8 måneder siden
@AshMSport, Make sure to confirm that the fence stays and wasn't just installed for the sales office. In my parents' subdivision they installed all types of things around the model homes, such as black aluminum fencing, that did not stay once those houses were put up for sale.
AshMSport
Forfatter
8 måneder siden
@chispa Will do, thanks!
T T
8 måneder siden
Sounds like you are happy with the alternate lot, which is great! Before you fully commit, are you ok with being at what looks like the entrance to the subdivision? Generally, many people don't like all the traffic going by and would prefer an interior lot that is quieter. As a hint, most builders put their sales trailers or model homes on the less desirable lots because they plan to sell it near the end of the project. At least that's typically how it's done in my area.
AshMSport
Forfatter
8 måneder siden
Sidst ændret: {last_modified_time}8 måneder siden
@TT That makes sense coz this lot is right opposite the builder's model home and was made available towards the end after most of the lots have been sold. I did not consider this but the area looks quite and it's going to have slower traffic around the corner so hopefully won't be as loud. Understand the typical less desirability, but I think, on the upside if that area is busier than usual it might be less prone to theft/burglary etc. Let me know if I'm being overly optimistic lol or if it's really that big a deal I might reconsider.
T T
8 måneder siden
I think it would be good to get others' opinions on whether this corner lot at the entrance of the subdivision would be okay to them. Your information just confirmed that this lot is probably less desirable to most buyers in your area. This may slightly affect resale down the road, but I wouldn't let that be the primary driver. For me, I really would not want this lot as the vehicle traffic would bug me. In all of the houses we lived in, we wanted to back up to other houses (not a street) and be further in to limit the number of cars driving by the house. If you're used to noise, it probably won't bug you at all. It really depends on what's important to you. Also, one thing to consider is that backing out of your driveway may be a little bit more stressful as you'll need to keep an eye out for cars coming around that corner faster than they should be. To be blunt, I would not want this lot at all. But please don't let my opinion sway you too much and try to think logically about what is really important to you. Hopefully others will chime in with their thoughts
AshMSport
Forfatter
8 måneder siden
@TT Sounds good thanks
anj_p
8 måneder siden
I feel like there is no perfect solution here. The houses are long and skinny. The only way you are going to get light in your house is by having a corner lot. You already said the neighborhood is nearly sold out. Unless you want to forfeit your money, you have to choose what's important to you. If light is #1 then that's what you will have. There might not be another house in the neighborhood that has windows with a view of something other than the neighbors (in my development, most of the corner houses have the garage on the outside as well).

You are in a place where beggars can't be choosers, so you just have to pick your poison and move on. Whether other people are happy with a corner lot has no bearing on whether you will be. It sounds like this lot will make you happier than what you originally signed on for, so I think you dodged a bullet.
AshMSport thanked anj_p
chispa
8 måneder siden
In my parents' current new/large subdivision the model homes are/were on a cul-de-sac in a good location with a few of the lots bigger than the average, so model homes aren't always built on the less desirable lots. The model homes sold immediately as they became available. The sales office was in what became the Club House.
lmckuin
8 måneder siden
What a great update, OP. So glad that you and the builder have a good solution.
AshMSport
Forfatter
8 måneder siden
@anj_p Yes, seems like this is the best option rn except for the street noise which but I'll be ok to put up with. At least everything else is checking out.
Ally De
8 måneder siden
I too 100% agree this is a good resolution. I'd far rather have some vehicle traffic than to stare at my neighbor's house 6 feet away from my living room windows. The illusion of more space (visual space anyway,) natural light in my living areas (vs. a house blocking all sunlight literally only 6 feet away) and some views matter a lot to me, so I understand where you are coming from and would have landed in the same place you have.

It's all just so personal. Some people hate hearing a little car traffic. As long as you're not overlooking a major highway or major thoroughfare, I'd chose this corner lot 8 ways to Sunday, over looking at another house practically in my living room. It all comes down to what matters the most to you.

It's a good resolution for you, IMO.
marmiegard_z7b
8 måneder siden
Also, there may be good landscaping options. It doesn’t really reduce noise much, and you’ll have some restrictions on setbacks, “ where to dig”, as anywhere, but some properly-sited shrubs and ornamental trees ( not a hedge of Green Giants!) can both preserve some “ long views” and give some greenery & colors to see out the windows or a bit of seclusion to walk through.
AshMSport
Forfatter
8 måneder siden
@Ally De @marmiegard_z7b Agreed, the other side of the streets has good greenery with trees
Mrs Pete
8 måneder siden
Most contracts do state they will build you a resaonable facsimile of the drawings

Yeah, but a reasonable facsimile might mean that the drawing had two steps leading to the porch, while your steep lot required four. Flipping the house is a whole different world.

The builder said if I cancelled the contract I'd forfeit all of my $22500. Said legally they were covered but I was determined to go to the court if it came to that. As an alternative he offered another corner lot to me, I liked that and going ahead with terminating this one and signing a new contract.

Well, that worked out well! You didn't want out of the contract -- you wanted the house upon which you'd agreed. Win-win for you and the builder.

Understand the ramifications of a corner lot has on a house's design.

I do hate my corner lot for several reasons, but since the OP had originally chosen a different corner lot, I assume he or she has already thought through those issues.

What I dislike:

- More ditch to mow, and no one likes mowing slanted spaces

- Less privacy in the back yard

- Guests are sometimes confused because my driveway opens onto one road, yet my address is the other road

- School bus stops on my corner, so kids congregate in my front yard /drop trash in the mornings

On the positive side:

- More road frontage parking for parties
AshMSport
Forfatter
8 måneder siden
@mrspete Those are some good points. This is my first house so I did not consider all those downsides. One of them might not apply to me: guests won't be confused coz the garage is in the front and that's the only way to enter the house.
AnnKH
8 måneder siden
Where I live, a corner lot means a lot more sidewalk to shovel.
anj_p
8 måneder siden
Op is in Texas so shoveling is rarely a concern.

Op if this is your first house is probably not your last. You will find out what works for you and what doesn't and can make choices based on that for your next house.
anna_682
8 måneder siden
OP, make sure you consider that lots backing to the street usually require a discount on resale. Are you paying less for this lot than the original one? If not, that may be a reason why your builder was so agreeable.
AshMSport
Forfatter
8 måneder siden
@anna_682 I'd paid 15k premium for the original corner lot which was at a cuddle-sac. For the new corner lot builder offered to refund 7k upfront. Also the base price of the houses has gone up by 10k and he said he'd work out the deal at the same price for me. We shook hands on that, feel its a fair deal.
just_janni
8 måneder siden
So gald this worked out for you!
bpath
8 måneder siden
You shook hands on the deal. That's good. Now get it in writing.
Houzz-bruger-ID-227031627
8 måneder siden
This was only your first hurdle in building. You need to watch this build very closely.
AshMSport
Forfatter
8 måneder siden
@hu-227031627 Will do. Thanks.

New Construction House. Builder Flipped Floor Plan Layout

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