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fuller homes made an agreement to sell us a home and while we were working on final negotiations, they cancelled the contract and sold the contract. We were in the process of purchasing a newly built home at [redacted]. We paid a $2,000 earnest fee along with $400 for the inspection and another $300 for the appraisal. we did a walk through, required repairs, was waiting for second walk through. what I didn't know was that I had a settlement with the IRS and the lending company wanted something to show that we were in good standings, we had someone from the IRS to send those details, that we were paying the money back.However, since I was filing a VA loan, I was told by the lending agency that the VA required that all the money we owed the IRS be paid in full before they would finance the loan. This is what we were told, but the VA, when I called said nothing about this since I was in good standing. I had enough money in my retirement plan which I requested immediately so we could pay off the loan. The closing date was Jan. 28, the developer gave us an extra ten days to have everything complete. We completed everything in ten days, the lawyer, according to [redacted], was going to payoff the IRS amount and get his money back at closing from my retirement. In short the deal was done. However the developer took the house off the market, not operating in good faith that they promised, kept the earnest money, refused to give it back, we lost $2,700 in this agreement and got nothing. They put the house on the market, and got another bid on the house as soon as it was taken off the market. They informed us of another deal and demanded that for us to get the house we would have to file another application and put up $1,500. We tried to bargain with them by splitting the $2,000, giving us have of the money back, and we would pay the $1,500 earnest money and fill out a new application, they declined the offer and proceeded to sell to the other bidder. What we want is the return of our earnest money, and an apology for the elaborate scheme they developed and for reneging on the extra time they would allow us. We feel that we were scammed, that the company knew all along that they were not going to honor its word, because shortly after their promise the sign that says under contract was taken down the next day.Again what we want is our earnest money of $2,000. The house doesn't matter, we can get another one. We first applied for the house around Jan 5th, our sales agent is [redacted], the mortgage company is [redacted] home loans, who sells their loans to other buyers. [redacted], was the mortgage broker for [redacted]. The amount of the house was $323,000, which we could easily afford.We feel that the business practices of the company is highly suspicious and potentially illegal. The Revdex.com should look at this case and others like it to determine its worth. Desired SettlementAll we require is the $2,000 earnest money back along with an apology, for having us believe we could own something, they had no intention of selling us in the first place.Business Response We went under contract with the Buyer's on 12-17-2015 with a contract that would close 1-28-2016 after its execution. We had every reason to believe the Buyer's would qualify for the loan, and they did not mention he owed taxes to the IRS, which would have been a material fact in our negotiations. I do not know if this was disclosed to their loan underwriter or not. We worked diligently to close the home with the Buyer's and their agent along the pre-closing process. As an Army veteran myself, and as an employer of other veterans, I was especially pleased to see the opportunity to close a home with a VA loan. Our superintendent walked through the home with them and "punch listed" the home to their specifications. I believe we did our part to create the conditions needed for the sale to occur. However, the Buyer's loan was eventually denied, and their contract expired. Even after the contract expired, we continued to work the Buyer's in good faith throughout the additional 14 day grace period allowed under the contract. It is worth noting that we paid over $3,342 in interest and taxes during the contract term, so time really is money when a completed house is being held off market for a buyer. After that grace period expired, we continued to work with the Buyer's on their loan situation, but also put the home back on the market and quickly received a considerably better offer from another buyer. Having great appreciaton of all the time and energy the Buyer's had put into buying one of our homes, I told my team to work with the first Buyer's first, the new buyer second. We went back to the Buyer's and told them about the higher offer we had received, and we offered to sell the home to the Buyer's again - at their original price (again, this price was lower than the new offer on the table). We requested a new due diligence fee (this fee being fully applicable to the purchase price) to ensure they were confident in their ability to qualify for the loan this time, since they had been denied once before. The Buyer's declined our offer to go back under contract at the original price, and they countered our offer with a "take it or leave it" offer. This counteroffer did not reflect the interest and taxes we had paid waiting for them to close, or the underwriting risk associated with the IRS payoff. In short, the Buyer's gave us an ultimatum, and we were not able to accept that. I believe that the following actions/ scenarios would have led to a better outcome for everyone involved: 1. The IRS should have been paid in full before the Buyer's loan went to underwriting, or disclosed upfront so that the issue could be processed early on. This would have prevented the loan from being denied. 2. The Buyers should have worked with us to find common ground on the second contract that would have allowed them to purchase the home at their original price. It is unfortunate that things turned out the way they did. I would have much preferred to have closed the original contract with the Buyer's. They spent considerable time and money on a deal that fell apart, and we did too. Even with their forfeited deposit, we have lost money on their contract default. Better communication, both early on and throughout the second round of contract negotiations, might have prevented this outcome. Consumer Response The only thing I would like to have back is my $2,000 earnest fee and an explanation as to why they would entertain another offer when we already had the deal worked out.

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Description: Home Builders

Address: 8801 Fast Park Dr STE 301, Raleigh, North Carolina, United States, 27617-4853

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