We had many things go wrong with them building our home. They ordered incorrect items, installed things incorrectly and some options that we paid for were not done.
An example, we had granite countertops. We paid $950 for an under mount stainless kitchen sink. They did not install the sink under mounted. They put it on top of the countertop. They would have had to get a whole new piece of granite. They were not willing to fix anything at this point.
They told us that they weren't willing to fix anything anymore and that they wanted us to come up there and sign something saying that we were terminating the contract and we can get our earnest money back. We wanted the house so we didn't want to do that. We had a lawyer look at our contract and she said that it was one-sided, in their favor. She said that our only remedy is to get our earnest money back, that they are not bound by this contract.
We believe that this is a huge example of poor business practices. Mercedes ordered the wrong items and had poor workmanship and we had to pay the price. They know they are wrong and they won't own up to it. They bullied us into losing the house and they bullied us into saying that we were canceling our contract, which meant that they didn't have to pay us $200.
If it were them canceling, which it totally was, then they would have had to pay us our earnest money plus $200. We want to know why we picked out all of those things at the design center if they can just put in whatever they want anyway? What's the point, especially if they don't want to fix their own mistakes?
We've signed a cancellation form with them to get our earnest money back. We want them to pay us $200 for treating us this way and for canceling our contract. They are the ones who technically breached our contract. They told us that if we didn't sign the cancellation form that they could keep a percentage of our earnest money. We didn't want that to happen.
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