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re: Lawyers of the OT. Real estate question…

Posted on 5/22/25 at 3:33 pm to
Posted by bulletprooftiger
Member since Aug 2006
2411 posts
Posted on 5/22/25 at 3:33 pm to
Any lawyer who takes your case is going to ask for a retainer. That should be a big red flag to you that they don't see a high likely hood of recovery.

You can set some money on fire on this or just ask that they provide some free landscaping for you or some shite.
Posted by pbro62
Baton Rouge
Member since May 2016
15176 posts
Posted on 5/22/25 at 3:35 pm to
Of all things to worry about
Posted by SixthAndBarone
Member since Jan 2019
10600 posts
Posted on 5/22/25 at 3:48 pm to
quote:

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


The point is, he has a written agreement. You’re correct that there won’t be much value affected, but they signed the agreement and have now broken it. Should be able to get a small amount from the builder, take a vacay on them!
Posted by Solo Cam
Member since Sep 2015
34736 posts
Posted on 5/22/25 at 3:48 pm to
quote:

Floorplan, not elevation. Yes, it’s confirmed with the builder. They admitted they did it. But pretty much said, sorry but mistakes happen.
Is your specific floor plan name is called out in your agreement snd they're advertising the new home with the same plan name?

The devil is going to be in the details on this man and honestly even if you raise a big to do about it - they'll just be able to slightly alter the plan and call it something different.

Did they offer you any potential solutions or just say get over it?

Also why don't you just tell us the builder? It's likely DSLD, Alvarez, Horton or Level
Posted by llfshoals
Member since Nov 2010
20596 posts
Posted on 5/22/25 at 3:53 pm to
Unless you have it in the HOA bylaws concerning what plans are eligible for specific lots, you really don’t have much of a case IMO (realtor so I’ve seen a fair number of build conflicts).

Generally they do, so you should request the site plan.
Posted by Tigerlaff
FIGHTING out of the Carencro Sonic
Member since Jan 2010
22130 posts
Posted on 5/22/25 at 3:53 pm to
This is not legal advice.

Did your "written agreement" specifically state that, but for that agreement, you would not have purchased the house? And is your written agreement a document signed by both parties or a series of emails/texts?
Posted by KiwiHead
Auckland, NZ
Member since Jul 2014
36038 posts
Posted on 5/22/25 at 3:55 pm to
You could try to enforce the agreement, but in the end, how far are you willing to go? The builder bets on that you my bitch and complain, but their lawyers will outlast your lawyer.
Posted by Tiger Prawn
Member since Dec 2016
25210 posts
Posted on 5/22/25 at 4:03 pm to
quote:

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.



If you got it in writing, get Gordon and get it done
Posted by FearTheFish
Member since Dec 2007
4321 posts
Posted on 5/22/25 at 4:06 pm to
quote:

e 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.
zero consideration.
Posted by Solo Cam
Member since Sep 2015
34736 posts
Posted on 5/22/25 at 4:07 pm to
quote:

The point is, he has a written agreement. You’re correct that there won’t be much value affected, but they signed the agreement and have now broken it. Should be able to get a small amount from the builder, take a vacay on them!
This is incredibly shortsighted.

You immediately make your new neighbors hate you and the builder is going to offer them free upgrades and changes instead of offering a settlement to the existing owner and if you ever have minor warranty issues in the future the builder is going to tell them to go frick themselves.

His best option is to be kind and politely ask that they ensure the colors will be different and then ask them for something that's reasonable like upgraded landscaping, maybe some fencing or something that will "increase" his property value.

I don't think most of yall have ever met dudes that are construction PMs. Approach them with threats and being an a-hole and they're not going to just bow down and pay them whatever they want and if it's a large scale tract home builder they have lawyers on retainer.


But if they have 8 plans in a 200 lot community, and this one is obviously popular then you're going to have 20+ of the exact same house in the neighborhood already.

Throwing a fit about the inside while the outside is different is confusing to me.

I know a lot of these guys though and if OP tells me the builder I could probably tell him who to talk to and if he's going to get anything
Posted by Solo Cam
Member since Sep 2015
34736 posts
Posted on 5/22/25 at 4:09 pm to
quote:

You could try to enforce the agreement, but in the end, how far are you willing to go? The builder bets on that you my bitch and complain, but their lawyers will outlast your lawyer.
And then on top of that- they'll likely spend the money to change the house slightly instead of paying it to OP and his new neighbors are going to now know they had to change their floor plan because their neighbor bitched snd complained about the plan.

I'm more curious what the OP wants, is he looking for the plan to be altered or does he want a settlement?
Posted by Nephropidae
Brentwood
Member since Nov 2018
2738 posts
Posted on 5/22/25 at 4:24 pm to
His wife might accidentally walk into your house thinking it’s hers and bang you. Not the end of the world.
Posted by UptownJoeBrown
Baton Rouge
Member since Jul 2024
7523 posts
Posted on 5/22/25 at 4:25 pm to
It’s a question of damages IMO on how to proceed.

quote:

I believe will create a significant impact to our long term property value.


You need to find a previously court qualified expert who will testify how much. That’s gonna cost you for the analysis and more if they have to appear in court. Are you willing to take on that expense with no guarantee of success?
This post was edited on 5/22/25 at 4:26 pm
Posted by Townedrunkard
Member since Jan 2019
13938 posts
Posted on 5/22/25 at 4:32 pm to
Honestly I wouldn’t care if the inside floor plan is the same. But it looks very tacky when I see the same exact house next to each other in these cookie cutter neighborhoods.

I’d just make sure the outside is constructed differently if possible.
Posted by Syd
Member since Sep 2012
4815 posts
Posted on 5/22/25 at 4:35 pm to
Are they going to have a house next door that looks exactly like your house or just the same floor plan. I wouldn’t care if it was the same floor plan. I’m sure your future next door neighbor is not going to pick the same colors, brick, garage door. If so that’d be kinda funny, except if I was you.

They’ll probably put an arch on the porch and some different bushes and tree. Nobody but you’ll will ever even know they have the same floor plan.

If it’s such a big problem, start beating off at the window like another poster said.
Posted by Solo Cam
Member since Sep 2015
34736 posts
Posted on 5/22/25 at 4:40 pm to
quote:

Honestly I wouldn’t care if the inside floor plan is the same. But it looks very tacky when I see the same exact house next to each other in these cookie cutter neighborhoods.

I’d just make sure the outside is constructed differently if possible.
I agree.

I would approach the builder and make sure the color palette is different, request an upgraded landscaping packages and something like shutters to make sure aesthetically they don't look exactly the same
Posted by jchamil
Member since Nov 2009
18897 posts
Posted on 5/22/25 at 4:50 pm to
quote:

The written agreement


What exactly does the written agreement say? Did you give up anything in return for the builder saying they would put 2 lots in between the same floorplan?
Posted by Mumbler
Emerald Coast
Member since Aug 2021
288 posts
Posted on 5/22/25 at 5:18 pm to
Is it flammable? Just curious.
Posted by Tanny Bogus
Fayetteville, Arkansas
Member since Jan 2011
317 posts
Posted on 5/22/25 at 6:50 pm to
If the floor plan is flipped and the elevations are different enough it might not be an issue at all. Hipped vs gable roofs, cladding, landscaping can all make a big difference even if the layout is exactly the same. Just make sure you go apeshit with your Christmas lights to demonstrate neighborhood dominance.
Posted by TutHillTiger
Mississippi Alabama
Member since Sep 2010
49830 posts
Posted on 5/22/25 at 7:00 pm to
I would offer to help but I got the lowest grade in my section on RE and hate it
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