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re: Lawyers of the OT. Real estate question…

Posted on 5/22/25 at 7:05 pm to
Posted by Lakeboy7
New Orleans
Member since Jul 2011
25640 posts
Posted on 5/22/25 at 7:05 pm to
quote:

Should be able to get a small amount from the builder,


Oh man, "builders" know how to play the game. Even if its a somewhat reputable builder they will have a shell out front to take the lick.
Posted by StrikeIndicator
inside the capital city loop.
Member since May 2019
844 posts
Posted on 5/22/25 at 7:07 pm to
200 lots, 20pct filled @ 2yrs. The lot absorption rate doesn’t look good. Be ready for the restrictions to change.
Posted by cgrand
HAMMOND
Member since Oct 2009
43396 posts
Posted on 5/22/25 at 7:58 pm to
quote:

The lot absorption rate doesn’t look good. Be ready for the restrictions to change.
yep
Posted by I20goon
about 7mi down a dirt road
Member since Aug 2013
17593 posts
Posted on 5/22/25 at 8:39 pm to
quote:

Stand in the window and beat off every day they try to show it to sell it.
that just goes without saying.


Have you considered asking for amenities in compensation before going all legal on him?

Assuming you don't already have them sounds like a privacy fence and rear deck would top the list. If it was older a new HVAC.

Just spitballing... something that may add market value to the home AND serve a personal fulfillment at the same time.
This post was edited on 5/22/25 at 8:44 pm
Posted by Ed Osteen
Member since Oct 2007
58362 posts
Posted on 5/22/25 at 8:59 pm to
Go into the site and start pouring cement mix into open pipes. If anyone confronts you pull a gun out and start waving it around so they know you mean business
Posted by Lou Loomis
A pond. Ponds good for you.
Member since Mar 2025
231 posts
Posted on 5/22/25 at 9:15 pm to
You kinda knew what you were getting if you’re buying in a neighbors with such a few number of house plans. In essence, the builder just made a pinky swear you asked him to make and he was never going to honor. And you won’t be able to quantify damages because you won’t be able to prove it hurt your property value. Too many other factors go into home values. Suing him would be a waste of money.
Posted by McLemore
Member since Dec 2003
33639 posts
Posted on 5/23/25 at 5:19 am to
quote:

What would you do in my situation?


Sue or file arbitration claim. Settle. Profit.

But I’m a RE lawyer. Not sure I’d pay one for this. Do it on your own and ??? maybe profit. As long as there’s no counterclaim you don’t have much to lose. Go for it.
Posted by LSU1018
Baton Rouge
Member since Feb 2007
7310 posts
Posted on 5/23/25 at 5:29 am to
Like the other guy asked, when you say you have it in writing, is that via email or an actual contract?
Posted by McLemore
Member since Dec 2003
33639 posts
Posted on 5/23/25 at 5:35 am to
quote:

Like the other guy asked, when you say you have it in writing, is that via email or an actual contract?


I wouldn’t really care. But I would like to know the timing and more context. I’m sure the contract has merger/entire agreement/modification/amendment clauses. But if I had a solid email exchange clearly spelling out this promise I’d go for it.

ETA: this is what I would do as a homeowner. This is not to be construed as legal advice. Please ignore me.
This post was edited on 5/23/25 at 5:36 am
Posted by TBoy
Kalamazoo
Member since Dec 2007
26137 posts
Posted on 5/23/25 at 5:42 am to
It’s easier to plan the burglary if you know the floor plan.
Posted by Spasweezy
Unfortunately, Louisiana
Member since Jan 2014
7024 posts
Posted on 5/23/25 at 6:15 am to
You should stand in the window and crank the hog. It’s the only reasonable solution.
Posted by Finch
Member since Jun 2015
3549 posts
Posted on 5/23/25 at 6:19 am to
quote:

No


Seems like the only thing you’re owed then is exactly what you received “Sorry”
Posted by Rouge
Floston Paradise
Member since Oct 2004
137796 posts
Posted on 5/23/25 at 6:28 am to
quote:

Webbbster


They gave you an "assurance" with no negative impact if not followed.

As an Esquire, my free advice is to understand that people lie. That piece of paper has zero value, and your only recourse is to sell the house.

Next time you want to put anything in writing with a contractor, get some advice from an attorney or even just anyone that has dealt with contracts before.

I'm still at a loss at trying to understand what you thought this written piece of paper would accomplish.
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
30007 posts
Posted on 5/23/25 at 6:58 am to
quote:

I'm still at a loss at trying to understand what you thought this written piece of paper would accomplish.

It created a duty, which they breached. OP’s problem is that, without a stipulated damages clause, he’s going to have to show damage, which is going to be functionally impossible.
Posted by i am dan
NC
Member since Aug 2011
28452 posts
Posted on 5/23/25 at 7:02 am to
quote:

Shouldn't have bought in a cookie cutter neighborhood. That's on you hoss.


No, it's not on him for buying in a cookie cutter neighborhood.

Problem is 90% of neighborhoods being built are cookie cutter neighborhoods. Some very nice cookie cutter neighborhoods out there.

I call them people farms. Not a whole lot of land available to buy around me that isn't part of a neighborhood.
This post was edited on 5/23/25 at 8:36 am
Posted by Bayou Warrior 64
Member since Feb 2021
612 posts
Posted on 5/23/25 at 7:06 am to
Your premise of an absolute adverse affect on estimated market value is likely incorrect. What if your particular elevation and layout become a hit in six months? It may be more sought after than other designs across the street from you (thus, increased demand). Don't be offended. Move on.

(P. S. i am a certified real estate appraiser with over thirty years of experience) The duplicate elevation design should be the least of your worries in today's construction world which relies on migrant labor.
Posted by N2cars
Member since Feb 2008
34594 posts
Posted on 5/23/25 at 7:19 am to
That sounds reasonable.

To OP:

I wish when I signed a contract and decided to blow it off, I could just say "sorry". That's not the way we do things...

Your "builder" has very little integrity.

Depending on what you both signed, and whether or not you had a competent attorney draw it up, you may have some recourse.

Either way, you need attorney if you want to do anything.

I can definitely see a potential loss having 2 identical houses next to each other.
Posted by The Korean
Denham Springs, LA
Member since May 2008
1639 posts
Posted on 5/23/25 at 7:39 am to
quote:

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.


Setting yourself up for some awkwardness with your new neighbors. If they selected the same plan and next door, know you are making it public your issue, I can’t imagine that to be a comfortable situation in years to come.

You knew there would be same plan in the hood, maybe it’s the most popular and when time to sell it will be more valuable based on that.
Posted by tonydtigr
Beautiful Downtown Glenn Springs,Tx
Member since Nov 2011
5835 posts
Posted on 5/23/25 at 7:44 am to
Line up some seashells in the front yard spelling out "86" and their address.
Posted by jchamil
Member since Nov 2009
18025 posts
Posted on 5/23/25 at 8:36 am to
quote:

I wish when I signed a contract and decided to blow it off, I could just say "sorry". That's not the way we do things...

Your "builder" has very little integrity.


We don't know that he actually has a contract for this issue in question. He supposedly has an email from the builder saying he wouldn't put a house with the same floorplan within two lots. That's all the info he has given. I don't think what he has would hold up as a contract if that's all it is.
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