It depends on how much $10,000 means to you. The fact that you are considering it suggests you can handle it. Would you pay that much to change the one you are building? Otherwise I would need to see the house.

It will cost you more than $10,000 in closing costs to sell it. It is also unlikely that you can sell it "used" for more than the brand new purchase price. If you buy a brand new car from the car lot, you can not sell it for sticker price even if it only has 50 miles on it. I have 8 foot ceilings in my current home built in the 60's. I can't wait to have minimum 9 foot ceilings, even in kids basement bedrooms. The bigger question would be will the same builder work with you again after you default on your purchase agreement with him? And yes, you will loose the $10,000 deposit, but technically, the builder could sue you to purchase the whole house. Of course your Realtor doesn't want you to back out of the contract!

I'm not sure you're getting objective advice from your Realtor. Consider that they will pocket a commission on the home as built--at least if you don't void the contract-- and will likely be the one to pocket a commission as the listing agent when you go to sell it, and on the next one you purchase.

Have you discussed the possibility of raising the 1st floor ceiling height with the builder?

Thanks for the response. The builder said they cannot make they change because the permit has been issued already and this has been going on for three weeks now and at one point I felt I should accept it the way it is but as the days goes by I don’t even feel excited visiting the construction site and I am already living in regret even when I have not entered the house yet. Other realtors are telling me that I will be on the loss for site if I plan on selling the house within the first 5 years that is why I am thinking of walking away.

I am meeting with my realtor this evening to talk further. She seems to be panicking now that I have brought up the issue for the second time within 3 weeks. I brought it up just when they started digging and she and the builder discourage and convinced me that it was not possible but I think they are just trying to make me unhappy while remaining happy at the end. I am paying a lot of money for this house so I want to make sure I like it.

Zero reason to be talking to a realtor about this. You need to be talking to the builder.

This post struck a chord with me. The first home I built new had an option for 9ft ceilings. I was so focused on the price tag that I did not look at where I would truly realize (or NOTE realize) the upgrade - in my payment increase of a mere $40 a month. I moved in, installed ceiling fans, and learned quickly that my 6 foot+ stature could NOT do anything but walk underneath these new fans :-) I have purchased from various builders and also have worked for many builders on the sales side. Here are my thoughts: After reviewing the contract with your agent, verify the deposit is all you are liable for if you walk. For most builders in AZ (where I live), that is all you are on the hook for. Then, require the builder to transfer you to another lot. Let them know that you will be happy to add additional deposit to show you will not change lots again in two months. If they cannot do this, you will be looking elsewhere and cancelling. Just keep in mind that if there have been price increases since you purchased, you most likely will be susceptible to them as building costs are increasing monthly in many markets right now. If you are a VA loan, most builders will refund your deposit anyways - builders usually do not try and keep VA deposits. I understand there is a small chance you are VA loan. Use this leverage of walking 100%. If they are a large, publicly traded builder, I would do it this week so they take a cancellation for the month end - ouch! Also, look at their current inventory. Is there a spec home you could make work and transfer to that one? The longer it has sat, completed, the more they may discount it. You would go from a closing 90 - 120 days from now to 30 - 45 days from now. Builders LOVE that. Also, if you cancelled, would you create a spec they would have a hard time selling? Do they already have multiple specs of this plan? How hard did they push the 9ft upgrade when you purchased? If they pushed it hard, that probably means they were fearful to have ANY 8 ft ceiling plans existing in their production. If worse comes to worse, I would walk from the 10k as the ceiling height will never change. Lastly, if you stay in this house, look at all of the design/paint tricks you can use to make the rooms feel a bit taller. Something as little as paint patterns can make a large difference as it is all perception to your eye. I hope this assists. I wish you the best!

Ask you builder--not your realtor--what the cost will be to have a 9-foot ceiling on the first floor. Then make a decision. It's not that complicated.

Just talk to your builder.

The fact that you are talking to your realtor not builder makes me question if you actually own the property or have put a deposit to purchase it? Not the same.

I have spoken to the builder this evening and we are in the process of changing the lot to build a brand new house with all our options. which will be concluded upon tomorrow. I depended a lot on the realtor but it did not turn out tthe way I wanted. The only thing in building the new house is that they won’t pay our deposit or transfer to the new house which st this point I don’t really care because getting a 9 ft and third car garrage this time around will make us happy. Thanks a lot for all your comments. They have been very helpful to me today. I am in the Columbus Ohio area

What is the stage of construction? Is the upper level framed? If it Is, it becomes extremely difficult to raise the upper floor.

Ask the realtor how much they will charge to raise the second floor.

The builder must have a bad relationship with the permit/building department in your town that he won't even try to re-submit for a change in plans.

A slight delay and having the OP keep the house and be happy would be much much cheaper in the long run, than being stuck with a spec with 8 ft ceilings.

Colo, just remember that the realtor ultimately works for the seller/builder, unless you signed a buyer's agent agreement. You should always have a lawyer review any large contracts, to protect your own interests, no else will. Buyer beware!

I’ve never seen a second floor lifted but I imagine it would cost more than $10,000. There might be jacks that can do it from the floor below but since wall studs must be continuous they would need to be sistered or replaced. This is a lot to ask when you don’t own the house.

Its also possible to turn every third or fourth joist into a beam, remove the others and frame a higher floor on top of them. I’ve done that. Then you could frame the rafters on top of attic floor sheathing. I always do that. All very expensive.

Builders here now build as “standard” 9 foot main levels (usually 8 foot on second and basement). 8 foot ceilings are really common here though for anything over a few years old even in architect/custom builds. Those houses do get bought all the time, but of course it will be harder to sell an 8 foot ceiling in a neighbourhood of new builds with at least 9 foot ceilings on main floor. I like having 8 foot for certain rooms versus 9 foot everywhere (like my bedrooms) but this is also a scale thing - 8 foot to me adds a coziness.

Glad to hear the builder is working with you on a new lot.

Thanks guys for all the response. I have another meeting with the builder today to conclude on changing my lot. They had me hold the lot yesterday with a check but today we will be meeting with their manager. Is there any possibility to sue me to buy the house even after changing lot with and building another one? Their agent told me yesterday that it’s most often a waste of time suing customers and if I am going to continue with them he does not see a possibility that his management will sue me. I just want to be on the safe site this time around but we are very happy to change lot even if it means losing all 10k.

I am truly surprised the builder is willing to let you out of the previous contract for only a loss of your deposit. Assuming you stay there for 5 years, that is only $2K per year to “write off” your loss. I also think your 9ft ceiling home will ultimately sell for more than an 8ft home. And it sounds like you will be much happier!

Colo-In regards to the prior purchase agreement, you need to have a contract cancellation filled out. It will probably even refer to the builder keeping the deposit. You should sign this form and keep a copy. It will protect you against a lawsuit to perform in addition to protect the builder from you trying to come back after the deposit.

Sounds like you are fine and they are working with you. I think the big thing here is that you plan to keep building with them. We had a not too dissimilar situation where we started of building one plan but decided to go with another plan (after permits came back but before they started to dig). We had decided we wanted a plan with a main floor office, and a larger laundry room (rather than closet).

Since we continued with same builder they worked with us - we just had to pay lost permit fees, energy approval, etc (altogether $2,000). In our case we could keep the same lot since nothing had happened yet, as well as our deposits etc were just transferred over to new contract.

I was a bit worried about it but my husband has a good point - we were now going to spending more money with them so why would they not work with us? The owner was really great about it.

I'm glad it sounds like it's working out. In addition to the cancellation document I'd have an attorney look at it quickly just to make sure it's a clean break.

That said, I'm a bit of a fan of 8' ceilings. They can make rooms feel more comfortable. Our current house that we built in 1988 has 8'4" on the main level, 8' upper level and 7'6" lower level and we've been quite happy with no desire for higher ceilings.

A friend recently purchased a house and converted their high ceiling gabled family room in to a 7'11" family room and her office above in what had been the high gabled ceiling. The home and family room feel much more comfortable now.

8 ft ceilings can feel ordinary but it only takes a few inches more to correct the problem. I have found that 8-6 feels as good as 9-0.

I don't think that ceiling height has anything to do with something feeling ordinary. It's the trim and windows and finishes that make the difference.

I've spent a gob of time in 200 and 400 and xxx year old houses with 6', 7' 8' and everything in between ceilings that didn't feel in any way ordinary but did feel comfortable and solid and welcoming.

Hello Everyone.

i am very sad to announce that the VP of sales for the building company has rejected my request to move to another lot today that if I don’t move, they will have legal proceedings against me. I am really dissapointed at this time and feeling like moving to another community. The sales agent told me yesterday that it’s a waste of time for the building company to have legal proceeding against me and today the VP is saying they will do it. I am just confused if the VP is just using this to Scare me off canceling the contract. Please advice me on what to do.

You need a lawyer.

I am not one, but I can tell you this much: It is very difficult (basically, impossible) for a seller to get out of a contract. It is not easy, but possible, for a buyer to get out of a contract. I was told by a top lawyer that judges do not like to approve specific performance.

These are the 4 possible outcomes (according to a lawyer I was talking to):

1-The seller will let you out of the contract with no repercussions

2-The seller will let you out, but he will keep the deposit/earnest money

3-The Seller will sue you for specific performance (chances are seller will not get this approved)

4-The seller will not keep the earnest money, will wait until he sells the house and then sue you to get the difference (if he sells it for a lower price, compared to the amount he was going to get from you). Seller is likely to win this one.

Worst case scenario, you will lose the 10,000 - but then, do not consider this, legal advise and take all of this with a grain of salt as I do not know the particulars. If I was in a situation like yours, I'd try my best, with the help of a lawyer, the #2 outcome.

Colo-What happened that you choose 8 foot ceilings? What was the cost savings? Was it one of their "standard" options?

8 foot is their standard option and 9ft is an upgrade. Sincerely I overlooked it and it was not brought up thst muh during the process. I only realized after they had submitted for permit and brought it up but they said they can’t change it. Since then I have not been able to feel comfortable. This is 2900 sq foot home with 16ft ceiling in the main great room. My only concern was the 8 ft ceiling in the main entrance, kitchen area and dinining. The second floor except my master suit with catedral ceiling is all 8 ft and we are fine with that. My concern was that it might be difficult to sell the newly constructed house with 8 ft in the Kitchen, entrance and dining since majority of houses in the neighborhood are 9ft in those area.

Naf Naf is right on the possible consequences of not following through with the contract. If it were me, I would contact the VP of Sales (not in writing!) and indicate that you will sign a new purchase contract with them for a new lot with the options you want if they sign a cancellation on the current contract. Tell him, that if he doesn't do a new contract with the cancellation, that you will not be building with them. While it is possible for them to sue you, they also know there are many ways to get your loan declined if you really wanted out of the contract.

I requested to meet him but the sales rep declined that it is agains their policy. He suggested I write an email so he can forward to him which I did already. The sales rep started the entire process yesterday preparing a new contract just for the VP to decline it today. I wish I had the chance to meet him in person. I even suggested putting down $20k as deposited for the new house if they could allow me switch but still waiting for his response to my email.

GET. AN. ATTORNEY.

NOW.

These large companies deal with people with buyer's remorse all the time. They will be VERY HEAVY HANDED in how they deal with you. They will bully you. They likely have in house counsel.

A few hundred dollars in attorney's fees will likely help you get the outcome you want.

At least with an attorney you will feel less bullied.

Ask what it will cost to upgrade your ceilings to 9 ft. Even though it's already framed, it might be cheaper than pursuing a legal route. I cant help but wonder if they have legal recourse if you walk away, since they house is already framed as you specified.

As others have said, er a lawyer! Now! Then tell the builder that all communication from now on should go through your lawyer.

Let your attorney decide if all correspondence should go thorough him/her because the builder may do the same with his attorney and it might turn into an expensive exchange of letters between attorneys.

Hi, Colo,

I'm sorry that your builder hasn't been more accommodating. The fact that the salesperson is being overridden by his/her boss makes clear it's not a well-oiled machine. That said, I'd like to share an alternative perspective before this escalates into an expensive attorney cage-fighting match.

Your builder has an obligation to construct your home substantially as per the approved construction documents. You're requesting a significant change after approving those same documents. Your builder may not be set up to make changes during construction. Whether they are or not, I'm not sure they have any obligation to do so.

You are represented by a Realtor. They have certain obligations to you depending on the particular laws in your state. Your Realtor should not be sitting on the sidelines, but rather, advocating for you (you're paying them a fee as part of your contract.) If you are not satisfied with their ability to serve as your advocate throughout the process, I suggest you contact the broker at the Realtor's agency and get them involved. The broker should be able to get you an answer (it may be one that you don't like) and advise you of your options without you having to spend a nickel on an attorney.

Best wishes for a successful outcome.

Really sorry to hear you are going through this. Hope that it works out fine. If the VP is threatening a lawsuit, then yeah, a lawyer is what you need. FWIW I'd go for the 9' ceilings.

Thanks guys for all your responses. I will be talking to some attorneys next week to get their legal advice. The sales rep is very surprised why the VP turn down my request because he is very confident he can sell that house as an Inventory home. He told me that it’s mostly a waste of time taking buyers to court after making use of their deposit but it is not up to him but on his bosses who may decide to sue may down the road for extra damages. My realtor said she will talk to her Broker and let me know my options on Monday. I also composed an Appeal Email and sent to the sales rep to be forwarded to the VP of sales but I doubt if that can change anything. Please if you know any real estate attorney in Columbus Ohio area please do refer them to me.

Do you really want to subject yourself to all this drama and potential lawsuit over 12 inches? Yes, 9 foot ceilings would be nicer but 8 foot ceilings aren't the end of the world.

I have 8' ceilings in my house on the first floor; on the 2nd floor, they are 9'. It's a 1 1/2 story house and the 2nd floor was redone when a full dormer was added and the other half (unfinished) was finished. Do I prefer 9' ceilings? Absolutely! But would I go to the extremes you are to get them? No. My entire first floor has 8 ft ceilings and since my house was built in 1948, it has no vaulted ceilings etc.

The room with the biggest problem on my 1st floor is the LR. The original crown molding is styled differently than it is done today and makes the ceilings feel even shorter. I had a chance to replace it with molding such as I've put in the rest of the 1st floor, but didn't as it is the same in the abutting DR and I was terrified that my wallpaper in there would be damaged and it is a discontinued paper that was very expensive. I was worried about them looking different. I can make a case for leaving it or replacing it, but I ended up leaving it the same. Some days, I wish I had replaced it, DR or not being the same.

How long to you intend to live in this house? Most people move pretty often these days. I cannot imagine it will affect your re-sale value as much as a lawsuit will affect your wallet today.

I’m not an architect or designer, but to get around the 12”
between 8-9’, could you leave the beams exposed in those areas to get the “look”
of the higher ceiling? I don’t know how
many pipes, electricals etc. are involved in those areas.

Strange. OP is ignoring all the sensible replies and keeps posting crazy talk.

@Alison - Just read the thread.

So what was the end result..?