Penguin Moving & Portable Storage, Inc.

Complaint: ***
I am rejecting this response because: if the drawings are in fact ours, how does the builder have the right to sell something we paid for? The builder also told us, with our realtor present, that if something were to happen and we weren't able to purchase the home he wouldn't have an issue selling the home and returning the funds to us. Also, there were several additional costs incurred with the architect due to the builder not sharing full details we discussed in the initial conversations causing several versions, i.eplacement of the home was originally ft but HOA requirements had to be ft from the street, changes discussed with the builder were not communicated to the architect and not included in the drawings sent over, etc. We asked questions and it took several weeks to receive answers. Our realtor was also not being informed of things and could not provide us with the details. Our issue seems to be with what was communicated and promised by the builder. Additionally, the builder communicated to us that the architect fee was $and the texted invoice we received does not provide any details of what was done or how to get in contact with the company to receive more information/obtain drawings. The legitimacy of the invoice is in question
Regards,
*** ***

Pursuant to the terms of the contract, earnest money is refundable only under certain circumstances.  We understand his company is transferring him out of state, but they designed a new home with several upgrades, then made several changes to the original plan.  We did not retain the...

monies for the upgrades which are clearly non-refundable, but graciously agreed to refund his monies, less the design fees.  The Homeowner’s Association controlling this home changed management companies during the middle of the submittal process, thus delaying the HOA’s approval of the home.  This change and delay was out of our control.  The realtor on this matter was notified every step of the way.  We attempted to provide [redacted] with the invoice from the architect, as well as his contact information, but he left before we could finish that transaction.  Through the selling of the home, it is not double-billing.  As a home builder, we were able to recoup our build costs, including all the upgrades which the Buyer did not pay for up front.  ell us why here...

Pursuant to the terms of the contract, we were entitled to retain the entire amount of your earnest money but, because of your circumstances, we only retained the architectural fees we incurred in making all the changes to one of our standard floor plans.  Please read paragraph 14 of the contract you entered into with [redacted].  It clearly states that “plans and specifications are the sole property of Seller and shall not be removed from Seller’s office….All plans must be approved by the Buyer by signing the plans.  All changes and revisions from the standard floor plans must be made in writing, prior to signing and approval of plans and specifications for the residence and be paid for in cash at that time or as otherwise may be agreed to in writing by the Seller…” (emphasis added).  In addition, paragraph 19 of the contract you entered into with [redacted] states that “[s]hould Buyer fail or refuse to carry out Buyer’s obligations under this Contract, Seller may, at its option, keep the deposit hereinabove mentioned as liquidated damages or Seller may, at its option, enforce specific performance of this Contract….”  We cannot be responsible for your realtor’s failure to communicate with your or with us.