On November 20, I entered into a contract with D.R. Horton to purchase a home, that was to be built in Union City, near Atlanta, Georgia.
D.R. Horton, obtained from me a $2,500 check, designated as Earnest Money. A check for $6,100 was, additionally, obtained for Upgrades.
The home projected promised date was March 3. D.R. Horton's Salesman, Greg Curtis, occasionally, contacted me to inform me that, construction, on the home has not begun, due to severe weather conditions,
in the Atlanta, area.
After, July of contact with D.R. Horton was scarce. Somewhere, in the Interm, Mr. Curtis, was no longer employed with D.R. Horton and someone
dropped the ball! My daughter was scheduled to go to school in the Atlanta area. D.R. Horton's personnel would not return our phone calls.
We were treated in the fashion of the Old South. We were ignored. We received neither a call by cell or a letter informing us that the home was ready for occupancy. Our home was given to another homeowner, apparently, D.R. Horton exercised its option to sell our home to another
buyer. We were never notified!
D.R. Horton has ignored Paragraph 21, of its own contract, which reads as follows:
SELLER'S RIGHT TO TERMINATE. At any time, with or without cause, up until closing Seller shall have the right to terminate this Agreement upon returning
all Earnest Money, Contribution funds and upgrade funds paid by Purchaser to Holder or Seller plus $500.00.
Additionally, D.R. Horton has ignored its own contract which reads as follows, as quoted from Paragraph 22:
"DEFAULT BY SELLER:
Notwithstanding any other language contained in the Agreement to the contrary, prior to closing, if this Agreement is not performed by Seller, and Seller's failure to perform is not due to any interference or breach of contract by Purchaser, then Purchaser will be entitled to terminate this Agreement and receive from Seller a return of all Earnest Money, Contribution funds, and upgrade funds paid by Purchaser to Holder or Seller plus $500.00. Seller and Purchaser agree that the return and payment of these funds to Purchaser constitutes fair and reasonable liquidated damages which are a reasonable pre-estimate of the probable loss to Purchaser under such circumstances, and actual damages being difficult, if not impossible to ascertain. Purchaser
agrees that the right to terminate this agreement as provided in this paragraph is purchaser's sole remedy in the event of a default by seller. Purchaser expressly waives purchaser's right to all other remedies at law or equity, specifically including, but not limited to, the right to specific performance of this agreement. Written notice of termination shall be promptly given by
Purchaser."
I have written several letters to Donald R. Horton, in Texas and I have not received a reply to date, some three years and a half years later!
In September of I did receive a refund of $2,500, representing Earnest Funds. Yet, the remaining $6,000, has been kept by D.R. Horton, who, for whatever, reason, failed to keep in touch, by phone or letter.
This family had sold our home and other property. We were looking forward to life in the New South, yet, we were ignored and disrespected by Donald R. Horton and Graham McDonald, Law Cerk, for D.R. Horton, who quoted the "options and premiums" page of the contract, yet neglected to read, the above paragraphs.
Hey, Gentlemen, its your conflicting contract.
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