Tree Haven Homes, LLC

We have verbal, written and a voice recording with the buyers real estate agent claiming he knew and had indeed communicated to the client that the lot was not owned by Tree Haven Homes and was being developed by a third partyWe kept in regular communication with the clients real estate agent providing updates via email and over the phone as to when the lot would be available to start constructionDuring this time we engaged work on the clients behalfEstimating the home plan that was selected, selections meetings, and architectural work had beganThese charges dramatically exceeded the $that was retainedJust because the client decided not to purchase the lot and move forward with the build does not automatically mean the reservation is refundableA plan was selected, work was done and a REPC was sent fulfilling our portion of the contractBased on the contract the full $was non-refundable at the date of cancellationWe returned the $as a courtesyThe remaining $was being held by the title company at the time the client sent notice to cancel the contractWe retained this to pay the architectI would suggest the client request that the $be credited from their real estate agent who clearly understood the contract and led us to believe that the client understood as wellIf we have to file a complaint against the clients real estate agent for misrepresentation we will do that as we clearly did work on behalf of the client that we were not paid for and based on the contract was non-refundable after we began work on the plan they selected after the initial day period

Complaint: [redacted]
I am rejecting this response because: 1.  Regardless of the claim that our realtor was informed that TreeHaven did not own the lot, we were not informed that TreeHaven did not own the lot until February, 2018, when TreeHaven suggested that we consider other lots to build on and that the Hunter Park lot was not owned by TreeHaven.  The purpose of purchasing a lot in December of 2017 was to have the home completed by ~July of 2018.  Had we known that TreeHaven did not own the lot, we never would have pursued building with TreeHaven. 2.  The lot reservation contract (attached to the complaint) clearly indicates that we, the buyers, agree to purchase the Hunter Park lot.  However, TreeHaven never owned the lot that we placed a reservation fee of $5000.  The contract indicates ..."Buyers reservation fee of $5000 is fully refundable upon Buyer's written request ...."  The time period of 14 days is open-ended because TreeHaven never owned the property.  A written request was made on 2/9/2018 to cancel the contract and the entire $5000 and not just $4000 should be returned to us.
Sincerely,
[redacted]

Attached is a document signed by [redacted] on 12/9/17 showing that we had a contract and that his entire $5000 deposit would be nonrefundable after 14 days and/or after signing a new construction purchase contract with Tree Haven Homes.Copied below is the cancelation 60 days later and...

after much work was completed on [redacted] behalf. This cancelation request was sent to my realestate agent Karen H[redacted], from [redacted]. "Karen,This note is to re-confirm my email of 2/9/2018 to cancel our agreement to build a home at Hunter Park.  Since you do not own the lot, I  request that you return our buyer's reservation fee of $5000.  If you feel that you have architect fees that you incurred, you can send me the architect's charges and I will consider them after you have returned my $5000."[redacted]. [redacted] [redacted]
[redacted]We never made any such claim that we owned the lot that he wanted us to build a home on. His agent knew all the facts and agreed that he knew we never owned the lot. REGARDLESS of us ever being in possession of the lot, the cancelation was made much later than the buyers 14 day reservation period. We could have kept the entire $5000 (Our expenses were much greater than $1000) deposit but instead retained only $1000 to cover the architect fees and office fees which were sent in separate invoices to [redacted]. The $1000 retainage has been spent on costs and $4000 has been refunded back to [redacted].Thank youJarom