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Ask California Lawyer Your Own Question
California Lawyer
California Lawyer, Lawyer
Category: Real Estate Law
Satisfied Customers: 970
Experience:  Licensed to practice law in California
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We are building our new house with Lennar and only 3 weeks

Customer Question

We are building our new house with Lennar and only 3 weeks from closing. They painted the interior of the house the wrong color. We initially picked out all of our selections, but after some research, went back and changed nearly everything. We have a small kitchen and initially selected dark cabinets. After research, we changed to white and a new paint color that would go better with white cabinets and a house with most of the windows facing north. Yellow based paint is recommenced for north window rooms and blue is recommended for south facing rooms. I have photos of our 1st selections and photos of our final selections. They are both dated and time stamped. What happened is that the selection rep made all of the changes, except for changing the paint. The initial paint was balanced beige and the updated paint selection was killim beige. We didn't catch this error on our final paperwork (50 pages) that we electronically signed. In fact, we didn't catch it until the 1st coat of paint was on the walls. I notified the builder and the selection rep said that she did not make an error. She did; I have the photos to prove it. Meanwhile, we were told our first choice for outside color wasn't available, when in fact, it was. We were told that our first choice was already taken by an inventory home on the same street. Now, after we see that our house is nearly finished and the inventory home hasn't even been dug yet, that we would have had the option to bump the color on the inventory home. So here we are with a brand new home and the entire house is painted the wrong color inside (I do not want them to repaint the walls) and we were incorrectly told we couldn't have our first choice of color on the outside. The builder is asking what compensation would make us happy. We don't have experience with this and I couldn't find much related when I did some internet research. What is a fair amount to ask for in cash or upgrades?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 1 year ago.
Welcome and thank you for your question. I will be the professional that will be assisting you.
What State us your property located in?
I have dealt with this type of situation too many times. These builders are not very thorough.
Have you had an estimate prepared by a painter to paint the house in the correct colors?
Is the builder agreeing to compensate you for the outside as well?
Customer: replied 1 year ago.
I have replied to your question multiple times and I'm not sure why you're not seeing it. I live in Minnesota. As I pointed out in my question, I do not want the home repainted. This is a new home and I don't want it 'fixed' by adding another coat of a different paint. I want to know what is fair or what others have been compensated, who were in similar situations. Our home price is $341k.
Expert:  Attyadvisor replied 1 year ago.
I apologize I do not see your multiple responses.
I understand that you do not want the property repainted by Lennar.
To determine the amount you should request we need to calculate your damages.
I am going to report to the site that your responses are not posting. I will also opt out for another attorney to assist you as the glitch may be on my end and I want you to receive assistance.
Customer: replied 1 year ago.
So I start over and pay again or is this something you manage from your end?
Expert:  Attyadvisor replied 1 year ago.
You do not pay anything additional. I just reported the issue.
I am sorry I have no control over the site. The attorneys merely respond to questions we do not run the site.
A glitch in the site is as frustrating for me as it is for you.
Customer: replied 1 year ago.
Okay, so I've just wasted more time trying to figure this convoluted system out. It is blocking me from asking again because it's telling me to continue to work with you. Good Lord! It says you have the power to open the question up to other attorneys.
Expert:  Attyadvisor replied 1 year ago.
The question is open to other attorneys.
I reported the issue and this is the response I received
"If a customer needs assistance with their account or payment or they're having trouble using the site, please have them click the Help link at the bottom of their question page or have them email***@******.*** and the Customer Support department will correspond with them directly and assist them. You can also use a customer report on the drop-down menu on the question to get in touch with Customer Service on the customer's behalf."
You do not need to respond another attorney will pick up your question.
Thank you.
Expert:  Samuel-II replied 1 year ago.
HelloThis is Samuel and I will provide you information in this regard.If the color scheme is not what you contracted and paid for you have two options1 - Let them make the adjustments as by law they have the right to rectify a mistake.2 - Negotiate with them a reduction in price. There is no automatic right to that.There is a right for them to make good the error. Or you can sue them, if they do not want to correct the error and are unwilling to negotiate.Now also keep in mind, that if you allow them to correct the error, if that is going to hold up the move in date, then you can be compensated for that. And again, it is something you would negotiate with the builder or whomever you contracted with
Customer: replied 1 year ago.
That was not my question. I asked what is a fair amount to ask for and the language to pursue.
Expert:  Samuel-II replied 1 year ago.
HelloThank you for the clarification. I suggest that would depend on what you feel the damages are. I suggest you could seek a 10 to 20% discount. And that you can start with negotiations on the high side. Keep in mind, again, under the contract they have a right to make the error correct. And they do not have to settle with you in any other regard. And if you were to sue them, they could say they tried to cure the error but you refused.
Expert:  California Lawyer replied 1 year ago.
Hello,
I noticed that you were still awaiting an answer, so I will try and help.
The previous poster is correct in that they may have the right to correct the error and if you don't let them, you waive it. Remember, they can get things cheaper than you. So if you can think up something you want, ask for it (counter top upgrade, an appliance? a dryer? washer?). Or maybe upgraded landscaping. Something.
They can get it cheaper than you so its a win win all the way around.
I hope this helps.
DCG

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