In July we entered into a contract with Meritage Holmes of Florida, to
purchase a new Home in the Lexington Green Area in the Providence area of
Davenport, Florida. We did all that they asked to secure financing for the
purchase.in November after being asked to supply some information on
employment we were not able to do that because of a lack of gainful work. I
sent a letter canceling the agreement according to the Mortgage contingency in
the P&S (the time for securing the loan had run out because of no fault of
ours, we did everything their mortgage company asked of us). Their mortgage
councilor and our salesperson Melanie Molczyk, agreed that we could not get
financing and we would have the return of our deposit after signing two release
forms. We did this in good faith
We did not hear from them for several weeks and upon my initiation the sales
representative informed me that the Vice President Brian Kettle is refusing to
return the deposit because of some vague language that we cannot find in the
original P&S. The mortgage contingency is very clear that if we did our
part of trying to secure financing and it was not successful our deposit of
over $4,300 dollars would be returned to the buyers.
They want us to agree that if we bought a
home from them within six months they would credit the deposit. After
having him renege on the agreement, to return the deposit because of a failure
to secure a mortgage, in a timely manner flies in the face of good business and
fairness to their potential and present customers. We do not wish to do
business with this company in the future (Lack of trust). The very idea that we had to institute a
dialog with Mr. Kittle to find out that he was overriding a decision by his
subordinates, just leaves us in a fatal negative mode.
We wish full restitution of our Deposit as we signed the release forms back in
November.
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