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Started By
Message
Lawyers of the OT. Real estate question…
Posted on 5/22/25 at 2:41 pm
Posted on 5/22/25 at 2:41 pm
I live in a masterplanned neighborhood in BR with about 200 lots. Currently about 20% of the lots are built. One builder has been negotiating the purchase of blocks of lots from the developer and has been building 8-10 floorplans with slight variations throughout from its inception.
We built our house with them almost 2 years ago and we asked in writing at the time for assurance that the builder would not build another one of the floorplans we selected in our immediate vicinity. The builder gave us that assurance that there would be a minimum of 2 lots in between each same floor plan according to their architectural requirements.
Fast forward to now and a new house is being built next door to ours that is the same floorplan only with very minor elevation changes. This is a direct violation of their written assurance they gave us and I believe will create a significant impact to our long term property value.
I have contacted the builder and they have admitted the error and essentially said, “sorry, mistakes happen.”
What would you do in my situation?
We built our house with them almost 2 years ago and we asked in writing at the time for assurance that the builder would not build another one of the floorplans we selected in our immediate vicinity. The builder gave us that assurance that there would be a minimum of 2 lots in between each same floor plan according to their architectural requirements.
Fast forward to now and a new house is being built next door to ours that is the same floorplan only with very minor elevation changes. This is a direct violation of their written assurance they gave us and I believe will create a significant impact to our long term property value.
I have contacted the builder and they have admitted the error and essentially said, “sorry, mistakes happen.”
What would you do in my situation?
36
Posted on 5/22/25 at 2:43 pm to Webbbster
Your potential neighbors might not like that arrangement either they could just build on a different lot
You live there you'll notice when they come by to check out the property talk to them
You live there you'll notice when they come by to check out the property talk to them
Posted on 5/22/25 at 2:45 pm to Webbbster
Shouldn't have bought in a cookie cutter neighborhood. That's on you hoss.
Posted on 5/22/25 at 2:45 pm to Webbbster
quote:
What would you do in my situation?
Stand in the window and beat off every day they try to show it to sell it.
Posted on 5/22/25 at 2:45 pm to Webbbster
bring the written assurance and the communications to an attorney for advice
Posted on 5/22/25 at 2:46 pm to Webbbster
quote:I would be reasonable and relax. I would ask them the colors and finishes and if it upsets you just make sure it doesn't look the same on the outside. It's not like someone's going to walk your house and that house before they buy so if the elevations aren't the same I don't understand why your property value would go down?
What would you do in my situation?
If it's 200 lots and 8 plans then I'm not sure what you expect.
Honestly if it's a nice floor plan (you wanted it) I don't get what the big deal is. Also are you sure it's the same as yours? Like exactly the same? If you throw a big fit the builder is likely going to just move a small non-structural walls to make it "different". But if I was the builder and you didn't shite then I would be a dick and paint it the exact same color as yours with the same brick.
But what does your written agreement say with them- no home shall be constructed within 2 lots of my lot that's the same floor plan but different elevation?
You can go to a lawyer but what exactly are you entitled too outside of them slightly altering the plan?
This post was edited on 5/22/25 at 2:49 pm
Posted on 5/22/25 at 2:46 pm to Webbbster
Congratulations on not using Sales Force, whatever Sales Force is exactly. Now Woody Harrelson is about to be your neighbor.
Posted on 5/22/25 at 2:46 pm to boosiebadazz
quote:
What would you do in my situation?
Stand in the window and beat off every day they try to show it to sell it.
this place never fails
Posted on 5/22/25 at 2:46 pm to OWLFAN86
The potential neighbors are the ones who picked the lot and the floorplan and now the same builder is building it for them. It’s 50%+complete.
Posted on 5/22/25 at 2:48 pm to Webbbster
quote:
we asked in writing at the time for assurance that the builder would not build another one of the floorplans we selected in our immediate vicinity. The builder gave us that assurance that there would be a minimum of 2 lots in between each same floor plan according to their architectural requirements.
So is there a penalty written in the contract for failing to abide by the "assurance". ?
Posted on 5/22/25 at 2:48 pm to Solo Cam
The written agreement says the same floorplan cannot be built within two lots. So the closest it could be in three houses away. It’s next door.
Posted on 5/22/25 at 2:49 pm to yaherrdme
No
Posted on 5/22/25 at 2:50 pm to Webbbster
quote:Floorplan or house?
The written agreement says the same floorplan cannot be built within two lots. So the closest it could be in three houses away. It’s next door.
And you're 1000% sure it's the exact same plan?
Posted on 5/22/25 at 2:52 pm to Solo Cam
Floorplan, not elevation. Yes, it’s confirmed with the builder. They admitted they did it. But pretty much said, sorry but mistakes happen.
Posted on 5/22/25 at 2:52 pm to Webbbster
I'm no lawyer but I have some experience in this area.
The likelihood you could get a settlement (and collect) after a protracted and expensive legal battle is not good in my opinion.
What are your actual damages? Is your house worth less? How much less? Who says?
Does this written guarantee you claim to have from the builder provide for damages if the builder defaults on the agreement?
Is the builder going to bust up the slab and reconfigure the new house next door? I doubt that.
Sorry to seem pessimistic but I can only offer what I've seen when dealing with lawyers in general. They make money from extending and protracting pain and suffering, and expense, and often the only "winners" are the legal teams on both sides.
The likelihood you could get a settlement (and collect) after a protracted and expensive legal battle is not good in my opinion.
What are your actual damages? Is your house worth less? How much less? Who says?
Does this written guarantee you claim to have from the builder provide for damages if the builder defaults on the agreement?
Is the builder going to bust up the slab and reconfigure the new house next door? I doubt that.
Sorry to seem pessimistic but I can only offer what I've seen when dealing with lawyers in general. They make money from extending and protracting pain and suffering, and expense, and often the only "winners" are the legal teams on both sides.
Posted on 5/22/25 at 3:08 pm to boosiebadazz
quote:
Stand in the window and beat off every day they try to show it to sell it.
This is assuming he picked the floor plan with the big bay window
Posted on 5/22/25 at 3:13 pm to Webbbster
How in the heck is it going to affect your long term value? The front elevation isn’t even the same.
This is beyond idiotic
This is beyond idiotic
Posted on 5/22/25 at 3:16 pm to Solo Cam
I think the exact language of the agreement is going to be key. “Floorplan” is incredibly vague and two houses with the same floor plan could look entirely different based on roof lines, type, soffits, facade etc.
Also the HOA C&R will probably govern over an agreement with a private builder, unless the builder is the construction arm of the developer.
Which neighborhood is it?
Also the HOA C&R will probably govern over an agreement with a private builder, unless the builder is the construction arm of the developer.
Which neighborhood is it?
This post was edited on 5/22/25 at 3:17 pm
Posted on 5/22/25 at 3:16 pm to Webbbster
Last time I saw something like this was the house in HI built on the wrong lot.
Sue for fulfillment of your contract with the alternative being they build a entirely new house for you at no cost.
Sue for fulfillment of your contract with the alternative being they build a entirely new house for you at no cost.
Posted on 5/22/25 at 3:20 pm to Webbbster
quote:Nothing
What would you do in my situation?
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