Contemplated building a custom home in Georgia. Talked to a custom builder's agent without a contract. Asked for sample custom floor plans. Builder emailed a link to Sater Homes website. We identified a floor plan from the website and asked builder for a free quote. Deferred - to expensive. Builder's agent later contacted us about a foreclosure with similar features. Saw property with the agent but decided repairs were too costly. Agent proposed to have builder look at property to cost it out. Builder said a similar floor plan existed and would have us look at it. No contract or cost ever discussed, but builder contractor presented preliminary plan to view. Discussion tabled due to price to build & no cost discussed for plan, but later received invoice for plan around $900.
I agree with Mr. Lyon. Whether you are liable for the $900 would depend on whether you were informed that there would be a cost to receiving the floor plan prior to its receipt. An attorney would need to see the entire string of communications between you, the agent and the builder to see if a contract was formed.
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It would be a factual question regarding whether you agreed to a binding contract for the $900. Agreements don't have to be in writing to be enforceable, but you had to have agreed to a specific price for there to be an enforceable contract.
Did anyone tell you that you would have to pay for the preliminary plan? Communicate with the agent and builder. Consult an attorney if you do not resolve the matter.
The short answer is that an attorney can't give you an off-the-cuff answer without asking aa bunch of questions and reviewing any documents you did sign (perhaps with the builder).
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