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redpencil123 | Walk away or try to re-negotiate the purchase price? |
I recently agreed to purchase a brand new home for $515K - with a $5K down payment, and an up front pymt. for the upgrades in the amount of $40K (total pymts = $45K). Because the market has taken a down turn since I first made the agreement and the builder finishing the house (mkt. appraisal is around $430K) what should I do?
Pull out and lose the $45K (with nothing to show for it); or
Try to re-negotiate with the builder on the purchase price (is this even an option)?
Thanks for any help you can provide. |
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AJ
 |
Let me see if I understand the situation, you contracted with a builder to buy a lot and build a new house on it for $555K with all the upgrades.
First of all, you should be aware that there are actually 2 contracts, 1 for the land and 1 for the building of the home.
As far as the land contract goes, if you break the contract, the builder can go to court and force you to go through with the purchase. Its called specific performance.
As far as the building contract is concerned, if you break that contract,it will be more than that $45K. You will be held responsible for all the costs that the builder has incurred and possibily the entire amount because part of the land agreement was that the home had to be built by this builder.
So bottom line, if you break these contracts, you are going to be out alot more than $45K. In fact, the builder can go to court and have the courts force you to complete the contract. |
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Real Estate Guy
|
Keep this in mind. The BEST!! that you can do is lose your $45,000 deposit.
However, when the builder sells this house at a lower price, they CAN (and should) sue you for additional damages for the difference that you contracted for and the actual price it sells for. |
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navi
 |
Wow real tough one. Are you sure that you can walk away. As you have paid deposit etc. this will surely bind you to contract. I would also think that should you fail to take possession you will be hit with bank loan credit the builder may take out to cover not receiving the capital until such a time that he re-sells. I am in the UK different system here I suppose. Good luck |
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Kienan
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re-negotiate |
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lendingwhiz2008
|
Of course, try and re-negotiate.
I would first spend a couple of thousand an consult an R.E. attorney to know your rights in your area. (well worth the money).
If you can't renegotiate, and the attorney says you have no recourse, then I would still walk.
It's just math. stay and be in the hole $85K or walk and be in the hole $40k. It's called cutting your loses.
Just don't expect others to bail you out of a bad investment. You may just have to chalk this up to a learning experience. |
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godged
 |
The builder is going to have an attorney, it is money well spent to have an attorney review your contract and see what your options are. |
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Randall Parker, MBA
 |
Well, you don't give enough information to determine if walking away is even an option for you.
If I was working with the builder, I would have had you sign your mortgage agreements with the lender prior to the start of construction. That means that you own the land, and you already have a mortgage in your name. The lender pays the builder on a course-of-construction basis, but you own everything.
Just because your payments don't start until you occupy does NOT mean that you have the option to walk away in exchange for your sizeable deposit. You probably are on the hook for the mortgage, which means that you will be foreclosed upon. Your credit will take a nose dive, and you will be hard-pressed to get another mortgage anytime soon.
You made a bad decision and overpaid for your home. At the time you did it, you felt that your payment made sense for the home that you were getting. What changed in your mind? Did you allow other people's perception of market values determine your assessment of your decision? Why?
It doesn't matter what the value of the home is today. You have no plans to sell it, right? You thought the home justified the mortgage payments you were going to make, and there is nothing wrong with that.
Move into your home, make your payments, and enjoy the place. The market will recover. In ten years, your home value should double from where it is today, and you won't be complaining about your purchase.
The only reason you could possibly justify for being upset would have been if you were speculating, and you planned to flip the house as soon as it was built. If you planned to make this your primary residence for the next few years, you have lost exactly NOTHING by the market downturn.
Sure, your personal balance sheet doesn't look so good at the moment, but figures on paper don't feed your family. Enjoy your new home. Live in it. The market will recover, and you will feel better in a few years.
Good luck to you. Enjoy your new home. You deserve it! |
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Butternut27
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try to re negoitate...the next buyer will have it valued at same even if you walk away and lose 45K so don't without trying to negoitate....get legal advice as well..best of luck.. |
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bonsai
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I would spend $200 and go to a lawyer, to look at my options.
Maybe you have some clause in your contract you can use to wiggle out of the deal, or get some weight for negotiating the price down.
If you are sure, you are going to live there for the next 20 years, I wouldn't be concerned and just take it. |
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