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Can the home builder refuse to give customer one of the upgrade option as the contract agreement list b/c it was their mistake?

Houston, TX |

I should have Sod backyard for my new home. I was list with the price $4.00 by mistake. The sale agent point out to us to show it was a good deal to encourage us to sign the contract. As the house close to finish and we have to closing the house. I try to contact homeowner warranty and request the builder to complete job as agreement. they say it was a mistake, the Sod backyard was put 1 unit for $4.00, it was 1 yard square. They want to sent me $4.00 check to pay me back.

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Attorney answers 1


Unilateral mistake (a mistake by one party) is a potential defense to a suit for breach of contract. Was it a mistake? Or, were you tricked? I don't know. If you close you will waive your complaint of breach of contract. Do you want to get out of the closing? Go consult with an experienced real estate lawyer. You will not solve this problem on this website.

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



i just find out my new neighbor (also Meritage Home customer) had the same mistake $4.00 for Sod backyard. it could tell that we both tricked by the builder. I am seeking a lawyer who can see there are some change to hunt down the Meritage Home as a bad busineess.