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Are you responsible to pay an invoice for a preliminary floor plan if you never signed a contract or discussed cost?

Lilburn, GA |

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.

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Attorney answers 4

Best Answer
Posted

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.

If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.

Asker

Posted

The builder had provided us with free quotes and a free website to view plans. Never informed that we would have to pay for a preliminary plan.

Michael T Millar

Michael T Millar

Posted

Without an agreement, the builder cannot make you pay for the plans.

Asker

Posted

Ok - thank you.

Posted

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.

Asker

Posted

This is helpful to understand that agreements don't have to be in writing, but we know we never agreed to a price so therefore this is not an enforceable contract. Question: We will agree to pay the contract a reasonable consideration of no more than $150 for his efforts, will that an agreement if he does not accept it?

Asker

Posted

Question revised. If we agree to pay the contractor a reasonable amount of no more than $150 for his plan, is that considered fair?

Glenn M. Lyon

Glenn M. Lyon

Posted

I really don't know since I don't know all the facts and what is fair is subject.

Posted

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.

Asker

Posted

No. We were not told we would have to pay for the preliminary plan.

Asker

Posted

Should we even offer the contractor who did the plan $150 for his efforts because he is complaining to us.

Daliah Brill

Daliah Brill

Posted

Consult with an attorney. Bring all documents including emails. You are welcome to contact my office on Monday and set up an appointment. 678 461 7770 or another attorney you choose.

Posted

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).

The DiGiulio Law Firm, LLC.
www.atl-law.com
770-309-9551

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Asker

Posted

I did say we never signed anything.