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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 2881
Experience:  30 years of experience
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Can a salesman of a homebuilder company such as NVHolmes, be

Customer Question

Can a salesman of a homebuilder company such as NVHolmes, be sued for unethical selling/discrimination.
I may have not asked the question clearly but maybe you will understand from my story.
This is just a brief summary.
Our family decided to go with NV homes at their housing scheme in Chantilly,VA. We been working with a sales agent, Justin, for about 2-3 months now. We were aiming for a particular plot in the area they opened to us. We had told Justin that we were aiming for that plot due to privacy concerns. And when we setup an appointment a week before to come sign for the house, the Justin's partner at the homesite office, sold it to another client earlier that morning knowing that we were coming to sign for the home. They sold it (Well still under negotiation) to the other client because he was selecting more options in the home than us.
So you can see where this is going. Sold the plot to someone else a few hours before we met later that afternoon. Justin had also emailed us the night before about our meeting so he knew we were coming.
However, now it gets a little more interesting. Our family isn't a normal family. I have two brothers with cerebral palsy. For us, moving is not an easy thing. Its hard for us to find a home that fits our needs such as privacy and an elevator. When we first met Justin to purchase a home, he said that an elevator was possible. A few weeks later he changed his mind saying it wasn't possible. But when summer was over and people stopped buying houses, he came back and told us it was possible..... This is where our family feels like we were discriminated because a salesman didn't want to help us out because of the extra workload but then wanted too because he wanted his commission.
So our family decided to proceed forward anyways and planned a date for signing a contract for a particular plot and decides to play games with us and try to sell us another plot instead. I found this EXTREMELY UNETHICAL. After telling us that we had priority over that land and still does that to us.
Its just a plot, so what?
- The problem is that that particular plot has the best privacy for our family. When you have some sort of disadvantage, you are stigmatized by society. People see you differently, people treat you differently. Its not a pleasant experience. The plot we wanted was to reduce that as much as possible. Its a corner plot which means that there is one less house that watches over us during our families outside activities.
What upsets us even more, is that if Justin hadn't wasted our time like the way he did, we could have gotten a house in another housing scheme near by. We could have moved earlier with less headache.
Why are we moving?
My father's warehouse location moved down to manassas. NV homes homesite nearast was chantilly, Va loudon county.
-->There are three total counties within a mile of this homesite.
Why not move to manasass/princewilliam or fairfax county?
We also are looking for a county that provides quality day program and assistance for my brothers mental/physical disability needs. We currently live in fairfax county, which holds the best services for people with disabilities. Fairfax county in general has very expensive homes compared to the other two so the price range is too costly. Manassas doesn't even nearly have the quality assistance program compared to fairfax county. So that leaves us with loudon county. Which is in the middle for both home prices as well as assistance programs.
We explained our issue to the salesman, and he instead used that as leverage to get us to buy a plot that defeats our needs.
Its not easy for a family like us to move. Its a special case.
Our family is stuck, and doesn't know what to do. My parents are planning to give in to the salesman wrong intentions but I'm trying to find a solution to this. I'm the one that had been dealing with Justin for the last few months and as of now, it really feels like he is toying with us to see if we can be persuaded to the other plot which we don't want.
My name is***** one of four brothers. Adil and waqaar are my two brothers with cerebral palsy.
We could really use some helpful advise if we can get. Its quite possible the salesman could just turn around and just get what we deserved and waited for or it could go the other way. I'm trying to prepare ahead of time on what to do.
Please help our family get justice!
Submitted: 2 months ago.
Category: Legal
Expert:  Gerald, Esq replied 2 months ago.

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

Expert:  Gerald, Esq replied 2 months ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

If you believe that you can demonstrate that the reason the company sold the lot out from under you was because of your brothers' condition. That is they are trying to keep you out of the community, then you may have a discrimination action against the company and the salesoersons.

While you think that it may be difficult to prove such discrimination you do not necessarily need to. Virgina (as do most states) have laws that prohibit housing discrimination and have a state agency that investigates such situations.

So what you may wish to do is file a complaint with the Virginia Fair Housing Board. They will investigate and determine the past and current practices of the company and see if there is a history of such actions.

Here is a link to the Board (it costs you nothing to file the complaint):

http://www.dpor.virginia.gov/boards/fair-housing-board/

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Good luck,

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