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Re: A Community Of New Houses. When ready to purchase a new…

Customer Question
Re: A Community Of...

Re: A Community Of New Houses. When ready to purchase a new home called “Sweetwater” Model, the builder informed me it could not be built on the lot I had chosen telling me “They don’t want a cookie-cut like Community. It needs to be at least 2 lots away from another. Whereas, another agent told me 3 lots away & that I could not have the Elevation I wanted because 2 other Sweetwater nearby have it. W

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

One agent said “ Blame it on the HOA.” Another said “ Blame it on Mary who approves/disapproves what we submit.” When I asked where it was written in the HOA although the agent attempted to look it up, could not find it. He then became hostile towards me. So that all perspective buyers are treated fairlt y and all equally given needed info. Upfront is it usually written somewhere? Please advise.

Lawyer's Assistant: Where is the home located?

Fleming Island, Fl.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not at this time.

Submitted: 2 months ago.Category: Real Estate Law
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Customer reply replied 2 months ago
I refrained from building a house, because of the hostility of the Builder. Now, I see 3 Sweetwater models advertised for sale on Realtor.com, one listed "contigent". The building agents never informed me of those in the process of being built, etc. Although they admit that they tell "newcomers" that all lots that say "available" may not be available for the model you choose, so choose quickly, no one ever told me.
I calmly spoke to both agents. When I calmly said to the first"I don't believe you have been giving me all the needed info." (which she definitely did not. Otherwise, I would have decided sooner to purchase.She turned around my comment saying "No one has ever called me a liar."
In the small community of approx. 100 houses in a circle, already there are White Privacy fences up in the back.
When the 2nd agent told me, "First come is the winner. Whoever puts up a black or white fence first wins!"and I asked "People can choose to have either a white or black fence? Will that have continuity?" He hollered at me, "Whatever someone does on their property is none of your business." When I rejected the only lot facing the back with trees (that i wanted) he was not open to working with me further and told me not to come back.
Is it possible for the Builder to refuse to sell to me, even when houses are "listed on Realtor.com" and when represented by a Realtor? Please advise. Thank you.
Customer reply replied 2 months ago
I filed no paperwork. I requested a Realtor to work on my behalf. They refused to in "building a house". Now, even though houses are already built, ready for ownership, my Realtor doesn't think they will sell me a house.
Can that be possible? I feel like I was discriminated against from the start. I am a 67 yr. female. The 1st realtor told me, "A fine lady like you doesn't want to cut grass."
Customer reply replied 2 months ago
Note: There is not much. As much as you might see for a townhouse.
Customer reply replied 2 months ago
Do HOA's and Builders when selling houses have to abide by Federal Laws re: Housing? ex. Not discriminating, treating people equally, fairly?
Customer reply replied 2 months ago
Note: They are aware I will be paying with cash vs. their Bank loan.
Customer reply replied 2 months ago
My Realtor told me they can refuse to sell me a house, because it is private property and the Manager is on the Board. ????
Answered in 10 hours by:
6/5/2018
Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 22,840
Experience: B.A.; M.B.A.; J.D.
Verified

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

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Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago

I am sorry, but I am having difficulty understanding your post.

Kindly review, edit, properly identify the parties and your issues, ask specific question(s), and resubmit.

Thank you for your cooperation.

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Customer reply replied 2 months ago
Parties: 2 Agents for a Builder in FL.; possibly their Manager; HOA, an outside Realtor, who I've come to work with looking at older houses; & myself.
Ques.: a) Mid-stream after months of showing “available” on lots, can a HOA change policy critically effecting “a” consumer’s purchase of a house? It changed the Model, Elevation of house I could buy on a lot of my choice.
b) Are such policies usually stated in writing?
c) What do you call it when Agents for a Builder admit they tell “Newcomers” of policy & reasons why they need to choose a lot quickly, but do not tell “a” person who has shown interest for months?
d) Can a Builder deny working with you & selling you a house even if/when represented by another Realtor to assist in the process re: choices,etc.
d) If the Builder constructs a desired home & advertises it on Realtor.com does the Builder have the right not to work with the Realtor of my choice & myself in order to purchase one of such houses? Would that be “discrimination”? Shouldn’t my Realtor also be able to collect a Commission as with any other realtor showing properties as listed on Realtor.com?
e) Are some HOA’s allowed to operate as a “dictatorship” or are people in the Community allowed to ask questions or voice any concerns, etc. ?
f) If the Builder/Agent knows that some (desired) Sweetwater Homes being built are actually by the Builder vs. a Consumer, shouldn’t the Agent fully inform the Consumer vs. give the false impression that all “taken” lots are by other Consumers?
Issues/Scenario:
1- “Agent 1” for Builder failed to provide all needed information when I inquired in order for me to make a timely purchase obtaining the model home with the elevation I wanted on a lot of my choice. Most of the lots have had “Available” signs for months & still do when last seen. “When I had trouble determining the boundary lines of some lots, “Agent I” never once went out to show me a lot or explain any posts placed on them. Instead, she responded, “There are signs on them.” (Sometimes the signs didn’t have nos. or readable ones.)
2- It was only the day I went into the office ready to make a commitment, that “Agent I” got up from her seat(unusual) and greeted me happily telling me “All the Good Lots Are Taken!” “And you can’t have Elevation B that you want, because there are already 2 other Sweetwater houses with that Elevation. I went to contract today!” She definitely knew the house & particular lots I was interested in. For the first time she advised me “A Sweetwater needs to be at least 2 houses away from another Sweetwater. She told me, “Don’t blame me. Blame the HOA.” and “A fine woman like you does not wish to cut grass.”
3- “Agent II” who works in a team with “Agent I” was fine until I told him the 2 lots he suggested did not work for me. No privacy or good back view. He blamed “Mary, who approves/disapproves things, accepts/rejects plans.”
4- He told me “First come wins! The first one to put up a black or white privacy fence wins!” I asked , “There will be black and white fences? Will that be aestetically pleasing?” (The Builder already has put up many white privacy fences in the back. Community consists of approx. 100 houses on***** He shouted/hollered at me, “Whatever someone does on their property is none of your business!” He also told me that a Sweetwater needs to be 3 houses apart from another. When I pointed out to him how two were only 1 house apart, he told me, “They must have made an exception.”
5- A different, but similar model, Baytown, is $8,000 more to start & did not have the Elevation I wanted (flatboard) or front porch area, unless additional paid for porch. Instead of working with me, negotiating, or suggesting I think about it, etc. he told me “It’s over. Don’t call.” He had also told me “We don’t follow any federal laws. We only do what the company tells us to do.”
6- Agent I told my present Realtor they won’t work with us.
7- Yesterday, 3 Sweetwater houses posted on Realtor.com. Text my Realtor, who just went out of town. She said, “They won’t work with us.” Possible???
8- Even if the Builder/Seller could not “work with me” & my own Realtor to build a house according to my choices of colors, extras, etc. aren’t the dynamics now different for houses already built & publicly advertised? Other:
- I am a divorced woman in her 60’s who lives alone,has children/grandchildren who reside out of state.
- “Agent I” seemed more interested when she thought I was very familiar with or from the area. Disgrunted when I inquired re: some locations of things. “I thought you knew Fleming Island.” Towards end asked “Where do you work?” “Where did you go to High School?” She also stated “……but I have been living here a long time.”
- Political: Answered her, revealed I had been helping some family in DC, who works on a Senate Committee & under a Sen. She asked “With Sen.?---because we know some people. I did not inform. Things went downh
Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago

Thank you for the information.

Kindly give me a few minutes to review the information that you have provided and prepare my response.

Thank you for your patience.

Kindly note that I am working with multiple customers on the site and I respond to posts in order that they are received. If you have not heard from me it does not mean that I have ignored your post. It just means that I am currently working with another customer.

Thank you for your understanding.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago

Parties: 2 Agents for a Builder in FL.; possibly their Manager; HOA, an outside Realtor, who I've come to work with looking at older houses; & myself.
Ques.: a) Mid-stream after months of showing “available” on lots, can a HOA change policy critically effecting “a” consumer’s purchase of a house? It changed the Model, Elevation of house I could buy on a lot of my choice.

Response 1: No. The change would also be suspicious--made to discourage a particular kind of buyer.

b) Are such policies usually stated in writing?

Response 2: Yes. They must be as to not to be selectively applied.

c) What do you call it when Agents for a Builder admit they tell “Newcomers” of policy & reasons why they need to choose a lot quickly, but do not tell “a” person who has shown interest for months?

Response 3: Discrimination--preferential treatment. It would be illegal if it is based on race, color, national origin, religion, sex, disability and the presence of children (familial status).

d) Can a Builder deny working with you & selling you a house even if/when represented by another Realtor to assist in the process re: choices,etc.

Response 4: No.

d) If the Builder constructs a desired home & advertises it on Realtor.com does the Builder have the right not to work with the Realtor of my choice & myself in order to purchase one of such houses?

Response 5a: No.

Would that be “discrimination”?

Response 5b: Yes, that would be.

Shouldn’t my Realtor also be able to collect a Commission as with any other realtor showing properties as listed on Realtor.com?

Response 5c: Your realtor should a be able to collect a commission.

e) Are some HOA’s allowed to operate as a “dictatorship” or are people in the Community allowed to ask questions or voice any concerns, etc. ?

Response 6: People in the community are allowed to ask questions and voice their concerns. However and quite commonly HOA Board members want to run the HOA as dictatorship because some HOA members do not assert their rights.

f) If the Builder/Agent knows that some (desired) Sweetwater Homes being built are actually by the Builder vs. a Consumer, shouldn’t the Agent fully inform the Consumer vs. give the false impression that all “taken” lots are by other Consumers?

Response 7: The buyer should be given complete information.

Issues/Scenario:
1- “Agent 1” for Builder failed to provide all needed information when I inquired in order for me to make a timely purchase obtaining the model home with the elevation I wanted on a lot of my choice. Most of the lots have had “Available” signs for months & still do when last seen. “When I had trouble determining the boundary lines of some lots, “Agent I” never once went out to show me a lot or explain any posts placed on them. Instead, she responded, “There are signs on them.” (Sometimes the signs didn’t have nos. or readable ones.)
2- It was only the day I went into the office ready to make a commitment, that “Agent I” got up from her seat(unusual) and greeted me happily telling me “All the Good Lots Are Taken!” “And you can’t have Elevation B that you want, because there are already 2 other Sweetwater houses with that Elevation. I went to contract today!” She definitely knew the house & particular lots I was interested in. For the first time she advised me “A Sweetwater needs to be at least 2 houses away from another Sweetwater. She told me, “Don’t blame me. Blame the HOA.” and “A fine woman like you does not wish to cut grass.”
3- “Agent II” who works in a team with “Agent I” was fine until I told him the 2 lots he suggested did not work for me. No privacy or good back view. He blamed “Mary, who approves/disapproves things, accepts/rejects plans.”
4- He told me “First come wins! The first one to put up a black or white privacy fence wins!” I asked , “There will be black and white fences? Will that be aestetically pleasing?” (The Builder already has put up many white privacy fences in the back. Community consists of approx. 100 houses on***** He shouted/hollered at me, “Whatever someone does on their property is none of your business!” He also told me that a Sweetwater needs to be 3 houses apart from another. When I pointed out to him how two were only 1 house apart, he told me, “They must have made an exception.”
5- A different, but similar model, Baytown, is $8,000 more to start & did not have the Elevation I wanted (flatboard) or front porch area, unless additional paid for porch. Instead of working with me, negotiating, or suggesting I think about it, etc. he told me “It’s over. Don’t call.” He had also told me “We don’t follow any federal laws. We only do what the company tells us to do.”
6- Agent I told my present Realtor they won’t work with us.
7- Yesterday, 3 Sweetwater houses posted on Realtor.com. Text my Realtor, who just went out of town. She said, “They won’t work with us.” Possible???
8- Even if the Builder/Seller could not “work with me” & my own Realtor to build a house according to my choices of colors, extras, etc. aren’t the dynamics now different for houses already built & publicly advertised? Other:
- I am a divorced woman in her 60’s who lives alone,has children/grandchildren who reside out of state.
- “Agent I” seemed more interested when she thought I was very familiar with or from the area. Disgrunted when I inquired re: some locations of things. “I thought you knew Fleming Island.” Towards end asked “Where do you work?” “Where did you go to High School?” She also stated “……but I have been living here a long time.”
- Political: Answered her, revealed I had been helping some family in DC, who works on a Senate Committee & under a Sen. She asked “With Sen.?---because we know some people. I did not inform. Things went downh

Response 8: You may consider filing Fair Housing Act complaint against the builder for discriminating against you. For more information on the Fair Housing Act and to file complaint, click here.

Best wishes,

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.

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