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I built a house and was able to make changes to the plan. I added a 2nd master suite upstairs to be like the master downstairs.

Cypress, TX |
Filed under: Real estate

The price we were quoted was 39,500 to build a 2nd master suite up (downstairs as well.) We closed 5 months ago and just noticed that the doors in the upstairs master are 6'8" doors and not the 8' doors like the downstairs - which alters the dramatic look/feel of rooms and one of the reasons we bought the house to begin with. I emailed the builder who directed me to the sales manager - his reply was: "I am sorry if that was a detail that you intended to have, but the time for noticing that oversight was before you moved into the home."
I not only intended to have that detail - he sold me that detail and I paid for it. He did not specifically convey that detail to builder so builder went with normal size 6'8" doors upstairs. Because I didn't catch their error they don't have to fix it?

Attorney Answers 2

  1. If it is their "error," they will have to fix it The question is whether the door height was part of the agreed modification.

    It sounds like a relatively minor fix. See if you can work out a deal with them. Good luck.

  2. Was a written change order signed by you and the builder? If not, you are probably not in a very good position.

    DISCLAIMER: This is not specific legal advice and does not establish an attorney/client relationship.

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