are you serious? unbelievable. I don't know what you should do. Back up...what did you agree to at the onset....bring that up...on paper, hopefully.

That’s crazy! Does he do that in all of his houses or did he stick you with leftovers? I’d be furious.

Tuxedo kitchens are a thing, but it’s generally darker cabinetry on bottom and light on top. And I have also seen different sink cabinetry, but it’s usually in an unfitted-style kitchen, where the sink is designed to look like a separate piece of furniture, and sits proud of the other cabinetry.

Your builder is either really bad at interpreting trends, or full of crap.

Wait...that house is furnished... furniture and curtains and stuff in the sink....not under construction. What's going on? Is this a new build or renovation or a joke?

You didn’t select your own finishes...?

what did you order? what does it say on your contract under the kitchen cabinets?

when did you move in?

you said 'builder', so was this a brand new home and you picked what you wanted?

or are you using 'builder' to mean 'contractor' ?

you need to give more info in order to get adequate advice.

have you already paid?

OMG! Did you close on this house? Did you do a walk through first? Looks like there's furniture so I guess you're living in it already, where was your lawyer at the closing table? I'm going to guess you listened to some broker or salesperson who said you don't need to hire your own lawyer....... There's a reason we spend 3 years of deprivation and a fortune getting a JD, to keep folks from living with this kind of rip off!!!

Thanks so much for the comments. This was a showing before finished in too hot of a market. We were shown plans and what was going to be put in. We only chose paint colors and counter tops. The builder was "out of town" the night of the walk through which was the day before closing. The real estate agent said we HAD to close. Unfortunately, this is not the only problem we have had but one of the most "obvious". I am so frustrated but feel validated and appreciate your feelings about this as well. This has been a terrible experience but others have been through much worse. At least I hope we are through the worst of it. Thanks!

Can we please see the rest of the kitchen? Unfortunately, this very likely was an intentional design decision.

Well if it makes you feel any better, the granite is not that bad.

These were leftover cabinets he bullied you into taking. Your builder is a snake, as is the realtor. I don’t care how hot the market is, at the time of closing the buyer has the upper hand because the builder needs to get that cash a whole lot more than you need to give it to him. It’s very possible he needs the cash *that day* to make payroll or a loan payment. Even in the hottest of markets it takes time to arrange a new sale, and the builder and the realtor both knew they’d have to replace/repaint cabinets for that to happen.

I’d consider hiring an attorney to go after both the builder and realtor, especially if the home needs repairs beyond this. The realtor lied to you, which is never okay. At the very least, I’d report the realtor for an ethics violation. Even if he (or she) was the listing agent, he was still acting as your agent as well, and as such has a responsibility to act on your behalf too. He should have recommended closing with an escrow account to pay for repainting. He absolutely should not have told you that you were required to close the next day.

Expensive lesson, but we’ve all had them. In retrospect, as soon as he told you that you would have to pay extra to have matching cabinets installed in your kitchen, you should have called a real estate attorney.

I have to say I am still quite confused as to what the situation is/was. I think it's a good idea to hire an attorney or at least talk with one as this all just seems so sketchy. If this is clearly not what was in the contract.....

What did the realtor do for you? Did he/she show you other homes initially or is this possibly the builder's realtor? I know many years ago when we built our house, the sales person in the builder's office was a realtor. (we had our own as well).

At a minimum I would certainly leave a review on zillow/yelp for the realtor who it seems did nothing to represent your interests.

You are right, 100% , that this is not the end of the world and everything can be corrected but really you should not be the one left to deal with this and have the others just say they are done.

So, it seems that what you bought is a semi-custom house, right? If you had no contract to specify other elements it is unclear if you have been wronged, in that regard. Like so many other things, it may not be illegal but it certainly seems as if it should be some violation of trust and responsibility.

You see a lot of this kind of thing going on in Florida where retired folks are flocking to. They buy a spec house in a gated neighborhood and are only able to make limited changes to it. Most times, they are not there while it is being built.

I am aware of other situations much like your own.

The prospective buyer only has power until he/she signs the deal. You were bullied by your realtor and by the builder. You did not consult with an attorney before you signed. The purchase of a home is one of the biggest financial decisions in your life, and the buyer must read everything and understand it. Hiring a real estate lawyer for consultation before the purchase is a good use of money if it saves you from getting cheated by unscrupulous sellers and their agents.
A real estate attorney can help you file complaints with the proper authorities, but there may not be recourse. Save your money until you can afford to have the kitchen cabinets painted to your preferred color. If the builder did not warranty his work for a specified period of time in the contract, you may not be able to do anything if other defects are discovered.
This has been an expensive learning experience.

"the new mix and match"? That's a new one. I would not be happy!

You may not get far with the builder, but your realtor needs to be offered the choice between paying for a high quality paint job or defending himself on an ethics charge.

Thanks everyone. The tops are all brown. The bottoms are all cream except for this which is on the island. From reading all of your comments I think the bottom line is we were bullied, rushed, treated unethically, but signed and are dealing with what we have. Lesson learned. But it is nice to know we are not alone in thinking this is an intolerable situation. Thank-you all very much!

WOW! Ya there is a thing as mix and match. But that aint it.

This is worse than mix-and-match cabinets ... this island has three finishes: Stainless steel, wood-tone and white. I don't specially like the granite with the wood-tone.

I would need to see the contract with the finishes detailed no matter what the situation that is where the ball ends, no detail in the contract not much you can do , this is one of those learning curves, never sign off on crappy work it will take months to even begin to get this taken care of if at all.

You are right. We were shown a plan, cabinets in the garage, flooring, and woodwork in boxes, verbally told what we would get and picked paint colors over coffee with a smile. Never saw the finished product because he was out of town the night before closing for the walk through and we were told we had to close and the realtor would take care of everything. Let the buyer beware. It could have been so much worse, Hope we are done with anything major.

I would tell him to fix it or i would walk away. Tell him call your lawyer. NUTS

virginia lynnwalk away from what? OP already closed and moved in. They have accepted the cabinets as is. Also it doesn't sound like it was ever laid out in the contract. Sadly nothing can be done now other than looking to see if you can have them painted to match or paint all the lower cabinets so they all match.

Were you shown two colors of cabinets in the garage?

Yes. He pointed and said one was for the top and one was for the bottom. "Verbal" And I wrongly assumed white for the top as this is "customary". I'm sure now they were leftovers as some have mentioned. The brown on the island is the only one I need to change thankfully. No contract was ever signed. Lesson learned.

((gattytori)) -- I am sorry! Lots of lessons here. I think a lot of us would appreciate and learn from a fuller start-at-the-beginning story!

This was a twin home with pictures of the neighboring one with the plan. This was under construction in a HOT market. We looked at it first and our realtor said if we wanted it we should offer on it NOW. We were shown inside by the builder/realtor who said verbally what we would get. Showed us the flooring, woodwork, cabinets, ceiling fans, light fixtures, etc. When he showed us the cabinets they were brown and the creamy white. He pointed up and down and said something like one for up and others for lower. I wrongly assumed but stupidly didn't ask if white was on top which I would've preferred. Never would have thought to ask if all one color on top and all one color on bottom. I did say to the realtor. Shouldn't we be looking at something to see exactly what we are getting. We seem to be taking a lot by faith,here. He could put any junk in here and we wouldn't know it. Our realtor said, Oh no, he has a reputation to uphold. Please don't let this happen to you. Get a contract. Look at everything. From cabinets to drawer pulls. Lesson learned. With MLS listings they all work for each other I'm afraid.

Also, we kept asking for a walk through and never got one. We finally got one scheduled the night before closing. The builder called and said he couldn't make it because he was "out of town". We were told we still had to close and were afraid we could be sued if we didn't. The realtor said he would take care of anything that came up. We have had issues under warranty that were taken care of months later. This we were told we had to pay for ourselves if we wanted it changed. I guess I know the answer but it does help to be validated. Thanks

Order a replacement sink base cabinet, a good cabinet guy can remove the face frame and doors and swap it out for what you have. Probably cheaper than painting.

Again, please post a picture of the entire kitchen.

Glad that it is "just" the brown one on the island that needs to be changed. That is still a big pain and should not be your headache but at least it's just one cabinet.

Still, I would push back to the realtor and see what they say. They did push you and assure you that everything would be good and whatever wasn't ok would be made good.

(but the good news is it's just one cabinet).:)

Thank-you Hallet and co. for the sink base cabinet and door swap advice. I hate the idea of painting so this may be my best option. Again, thanks so much everyone!!! Sammy, I will probably not post any more pictures. I am trying to stay somewhat anonymous. :-)

This isn’t something an attorney would likely be very willing to help you with because the damage value isn’t that high. But you have some options if you really want to get this resolved. 1) send certified letters (return receipt requested) to both the contractor and real estate agent demanding that they remedy the situation to industry standard and in accordance with your oral contract made with them. Also set a specific deadline for them to respond in writing to your request. I’d suggest 10 days from the date of their receipt of your letter. 2) contact your local clerk of court and ask how you can file a suit in small claims court. Usually the clerks are very helpful in that regard. Usually the courts have a small limit on the amount of damages you can claim. Claim the max amount you can (usually about $3k-$5k) if they make you declare an amount. You’re asking for damages for the value to replace or repair the cabinets, diminished value of the house/property, Inconvenience, and any other damages allowable under the law, plus legal interest from date of demand until paid (assuming they allow that in your state). The clerk should be able to assist you with all this and what to ask for. 3) if the REagent and contractor do not respond to your letter in writing and timely, or respond with a suitable remedy, file the small claims suit immediately. Do not take their word for anything. Make them put everything in writing so you have evidence for the judge when they don’t follow through.

I would also pursue them through your state’s board of contractors and real estate board. You may also want to contact your states attorney general’s office. They may be of some assistance.

Good luck!