@Denita we still really want the house and love everything else about it. I'm not saying we necessarily want all the optional windows; however, we did go in with the frame of mind that everything on the drawings and in the contract were what we should expect in the build. I didn't think the drawing was just a guideline. If we were to ask for changes it would cost us money to put in a change order so why can the builder just change things up. Our biggest thing is once he said they were optional, he isn't even letting us add some at cost to us.

In the production builder contracts I've seen the optional extras are notated on the diagram and in the contract. At least have a consultation with an attorney that specializes in construction contracts because if the builder is changing the specifications now, it's very likely a foreshadowing of financial difficulty of the builder. I'm a Realtor and have worked with many builders both national and local. Is it possible that the builder made an error and is covering up their error by now claiming it's an extra? Yes. Have others built that specific floorplan/model and had to pay extra for the "optional" windows? Find out so you can go to an attorney with the right information or more complete information. The most important part is the contract you and the builder signed.

This is bizarre. I can’t imagine living in a house this size with only 2 windows. You need to get this straightened out immediately. I hope your down payment wasn’t substantial.

I really don't think it's that bad to not have all those windows. If you really wanted them in specific locations, maybe try to fight for it, but take a look at the floor plan and where the windows were removed and try to visualize your furniture layout. It may be better without those windows.

For instance, I wouldn't want the lone window in the garage. It will probably look better to not have one there. I would make the downstairs media/bed into a bedroom. There are already front facing windows in that room, so eliminating the windows on the side wall will be nice to place a bed and nightstands there. You already have 2 windows flanking the fireplace, so in the spot where the other 2 windows were removed, you can put nice built-in book shelves. The bonus room upstairs has windows on 2 walls, so having the blank wall is good for a screen if you wanted to turn that into your media room. Bedroom 4 has plenty of windows already, so I don't think you'll miss that 1 window. I have the same type of windows above my showers that are shown in your drawings, and I could honestly take it or leave it. I wouldn't put much effort into fighting for those. The window at the dining room and the 2 at the entry, possibly fight for those if you really want them, but again, it depends on your furniture layout. I don't see a closet for guests' coats/bags near the front door, so possibly you'd want to place a hall tree on the wall with the 2 windows removed? If that's the case, it'd be better without windows.

@Tiger Lily yes in all reality I don't think I would need all of those windows but my problem is I was never given the opportunity to choose which optional windows I would like to add and by no fault of my own, they are saving it's too late. 13 windows is a lot to mistakenly forget to point out shouldn't have been in the drawings. I really like the windows in the media room and the bonus room. We don't really have a view of our backyard from the bonus room without these windows which I was really looking forward to. I think it changes the atmosphere in my opinion. I don't want to have to resort to an attorney but other houses have these windows and it wasn't clearly laid out to us. I can't imagine buying a house thinking it has one thing just to find out it doesn't. I'm also worried about what else we may find out was "just optional". Most the optional items were written as optional on the drawings so I'm not sure why the windows weren't.

I gotcha. Yes, I'd probably be upset at that, too. We also built and were clearly told which windows were optional before we signed the contract. During the pre-construction meeting did you sit down with the builder's realtor and the contractor to go over the plans? If not, that should have been done before even breaking ground.

If you really like the home I would go back and look at your contract and see exactly what it says. But I suspect you, as a buyer, aren’t valuable to the tract builder and they would rather just let you go than deal with this. 😩

The light and open feeling of this house will be HUGELY IMPACTED with 11 fewer windows. With those - you can have a healthy light filled home that allows for fresh air when the climate allows, cross breezes and natural light (if spending time at home during this pandemic has taught me anything - it's the need for NATURAL LIGHT inside the home)

QUESTION - where you have the red box around a multiple window - is he taking out the entire larger window assembly or just one of the 2? If it's just one of the 2 - you are probably okay as that still leaves windows on 2 walls, etc.

For what it's worth - the number of overall windows drawn is a LOT - so many more than you would normally see in a production build (especially if the ons are on the small side) - but what a joy it would be in that dining room, office and bonus room!

@Tiger Lily optional windows were not discussed in the pre-construction meeting and there is nothing about windows mentioned in the contract. We did discuss the door in the garage was optional so we decided to pay to include one in the mudroom.

@just_janni yes there are a lot of windows overall. I don't think I need all the optional windows but it would be nice to have some more in certain locations such as the bonus room. It's not really a make or break but I do feel slighted that we weren't told all the windows on the drawing weren't going to be included and found out during construction.

Talk to an attorney... I bet dimes to dollars that after a few letters from your attorney and a consult with his attorney, your builder will see the light (pun intended).

Bry911 in a tract home? Where the OP likely has paid a nominal deposit and owns nothing yet?

Stop bending over.

Put some iron in your spine - get an attorney and get to the bottom of this. Otherwise, the builder is going to have his way with you. Literally.

Get an attorney to review your contract. This way, you will know and will make an informed decision.

This said, I am not sure I would want to continue with this builder, so I hope you dont have too high a deposit.

following, because I think this is very bizarre.

@Ig222 about 16k in a deposit.

The “contract” is the controlling document. That fact is likely stated in the small print of the contract. It will say something like “in the case of discrepancies or questions on items the “contract” shall be the controlling document. It makes the “plans” secondary. So if the “contract” doesn’t specify each window or a few only, you won’t succeed. Your lender might be of more assistance than an attorney. They don’t want a house that is non salable. They have vested interest. It is very u usual. Track builders usually have package window deals for their stock designs and negotiate great deals on minimally acceptable windows. So good luck. This is tough situation for sure.

@Flo Mangan thank you! I didn't think of it like that.

. "It isnt cost effective simply means he wants to make more money off the house". My builder did this on three windows in our house. One wasn't of concern but two were major. We emailed the owner a letter and they came back with an excuse of they had to omit the windows because the manufacturer no longer made that size and by code they had to be that size. Not the case anything my builder wanted to "scare" us out of fighting for they blamed on code. Here is a secret, there is power in numbers. Losing one home sell isnt consequential to them but losing multiple is. We got to know the neighbors who were building when we were quickly. We all visited the site often. Be vocal and then other buyers realize the items they are being robbed of too and suddenly a single email becomes multiple emails. Also do your homework. For example I researched and found out who manufactured the windows for our home and called the company and enquired about the window size no longer being made.....lie. Still being made. But I did due diligence and found 3 other manufacturers that also made that size window with all the specs we needed. SO the follow up email had the case all laid out in "clear" facts. We had the signed original plan as back up and 4 of us sent the same exact email and all were willing to walk and sue if they didn't give us what we signed off for in our contract and blue print meeting.

So many of the comments are assuming this is not a tract home. People who build custom homes or even homes in a development where they have brought the plan have so much more say than in a tract home development where the builder is the one in charge.

I suspect a tract builder... But since it is windows, I'd get a real estate savvy lawyer on board to discuss this with him. I am with you - I'd want those windows! Also as noted, the lender.

Bry911 in a tract home? Where the OP likely has paid a nominal deposit and owns nothing yet?

So many of the comments are assuming this is not a tract home. People who build custom homes or even homes in a development where they have brought the plan have so much more say than in a tract home development where the builder is the one in charge.

There is still a contract involved. The OP signed a contract and by doing so has an interest in the production of the home. While that is not an ownership interest, it is actionable. The biggest differences with a builder owned lot and a customer owned lot is your options for dissolution and the cost barrier to action.

Tract builders are generally in a stronger position than custom builders before and after legal actions, but once you decide to enforce the contract they are pretty much in the same position as any other party with an interest in the property through the contract. If the plans with the windows were included in the contract then this is not an issue that the builder is going to easily wiggle out of, 13 windows is way beyond a material defect in the contract and since the builder made the contract it "should" be considered a known defect at the time the contract was signed.

In my opinion, the OP has a stronger position than most and the next step is discussion with an attorney, who is familiar with precedent and parties in the area. Discussing when an entire agreement clause is enforceable versus when it is not is a moot point without knowing a lot more particulars than we do.

But of the contract doesn’t indicate windows, number of windows, location of windows, or reference the plan then how is the OP in a remotely good position ?

But of the contract doesn’t indicate windows, number of windows, location of windows, or reference the plan then how is the OP in a remotely good position ?

What if the plans were for a 5,000 square foot house and the builder decides to build an 800 square foot house because the contract is silent? What if the contract doesn't even say house at all and the builder just delivers a washing machine and charges several hundred thousand dollars?

This idea that the contract always rules, is a bit of a fallacy. It would probably be more appropriate to say the contract always overrules. If there is a conflict between the plans and the contract, the contract will override the previous plans or promises. However, if the contract is insufficient then any documents that formed the basis of the contract will largely be considered to be part of the contract, even if you have an entire agreement clause (as the contract is insufficient to even be the entire agreement).

Courts aren't stupid. They are not going to let a builder get away with a bait and switch because he didn't sufficiently document his own contract.

ETA: Every tract builder I have ever seen documents what is shown in the plans they hand out, as does every car dealer, etc. It will say something like shown with available XXX options.

It all goes back to what is in the contract. Doesn’t matter if it is track home or big custom home. AND most contracts to build protect the builder AND there is most likely a section called something g like “Resolving Disputes”. Both parties agree to “Arbitration” to resolve big issues. In the few I helped clients thru, none were resolved and buyers had no recourse so one just quit fighting and inventoried the project and the other sued and found a builder to complete their home and spent a ton of money switching and two plus years to get their dream home completed. Sorry and hope others benefit but you must read and completely understand every line in any contract. And if a builder says, oh that’s never been a problem make them change it. As long as you have the money, you have leverage. After signing and paying down payment your leverage is extremely low. I have built several large homes and pretty much drove the builder nuts dotting every i and crossing every t. All allowances were specified before contract was signed. Both homes were completed within 30 days of contract date and each were on budget. Just takes a lot of up front work. Do your homework on windows before you do anything else. Go to local municipal offices and set up meetings to understand what is their requirements for “occupancy permit at end” so there are no surprises. A lawyer can help, but costs a lot and the end result doesn’t change much. So very sorry you are in this pickle and I am hoping there is some good path forward for you.

With all due respect, you have absolutely no idea of the particulars of the contract, the builder, the area, etc.

Just because something has happened in your area with builders you have experience with doesn't mean that experience transfers to other builders in other places. Even standard contractual language is applied differently in different areas.

Conflicts are about signalling. The OP doesn't really want a legal battle, they want a legal theory good enough to convince the builder to settle this in the OP's favor. You have no way of knowing how that will turn out unless you practice law in the OP's area.

I can give you all the legal theory you want, I can even jump on Westlaw and find precedent for either side of this and no matter how much work I put into this, a local attorney will still be better. I doubt the OP is in my state...

It is a tract builder not a track builder.

You need to find the contract lines that give the builder the right to ignore specifications on the signed plan. Consult your bank and ask them if they consider the drawing binding. Get the bank to freeze payments until this issue is resolved. Ask the builder what contractual provisions he thinks gives him the right to ignore a signed plan. Unless the contract is absolutely clear that the signed plan has no binding authority on the builder, then I would consult an attorney.

Unfortunately, the contract probably makes you agree to arbitration. Arbitrations tend to be more friendly towards the big corporations who drafted the contract. But it depends on what the contract says. It is hard for even a hardened arbitrator to ignore a plan that has 13 windows on it.

At a minimum, you are dealing with a builder who does not act in good faith. How does someone sign a contract with a drawing attached that includes 13 windows that he has no intention of building? This builder does not feel honest in how he transacts business. Do you have any option to find a new builder and have that new builder finish the project? I think the current builder is going to continue to work against you, especially if he is forced to eat the 13 windows.

Assuming the contract does not make the drawings non-binding, then I would ask the lawyer if you have a breach of contract lawsuit. If you do, your damages are much more than your deposit. Your damages might be the cost to retroactively add the 13 windows (which might involve major structural changes), or in the worst case your damages might include your lost time and the cost to find an equivalent home in another place. If the market has gone up significantly since you signed your contract, they might be liable for the difference, because that is a cost you had to incur because of their failure to honor the original contract.

People keep mentioning bank. My experience (limited) with tract builders is that they handle the construction financing. The Buyer puts down a deposit and doesn't deal with a bank until taking occupancy.

OP - sorry that some posters aren't reading all the info before them.

They aren't letting you go back in and get the windows because that would be a lot of work and time. The windows would need to be ordered (maybe) and add time.

The plan listed is a really crazy amount of windows. Having windows over secondary bath/showers is probably overkill and something I don't think I have seen in a tract/modest house. They are great but problematic. There is a sill that collects water, they get splashes, they are privacy issues with no easy way to cover. Hey - I have a small one in our shower but no way no how in a secondary bath without a view.

Windows have an energy cost. The sizing of your HVAC would have to be redone - that could be a rather large issue. Probably not but still. The ongoing cost of that HVAC would also be an issue.

But - boy that garage wall is going to look quite bare on your elevation without a window.

Unsolicited advice alert - the only toilet and shower for kids/guests upstairs is on the master bedroom wall - may want to add sound insulation. This a terrible design choice. Imagine getting intimate (and maybe making some noise) and then hearing a toilet flush. Ouch! And showers are usually quite loud on the plumbing wall.

You said: " I don't want to have to resort to an attorney"

Our collective advice here is to consult an attorney. That means you buy an hour of their time, give them your contract and they advise you on your options and probabilities of success. You badly need some advice from someone who can look at your specific contract and help you figure out what to do next. It will be well worth the few hundred dollars it will cost you. We can only speculate and share our experiences, because we've not read your contract.

"We have already signed the drawings 6 months ago agreeing that these were our plans..."

You weren't even made aware of the window change, even though you have signed drawing showing them.

So if the builder is willing to screw you on such an obvious and integral aspect of the design & build, imagine what else will be missing or get changed during the construction process!

Buried in the comments of the original poster is a comment that the same model has already been built in the neighborhood and that it included the windows in question. OP didn't tell us how many of them were already completed. The OP cannot rely in anything installed in the model home, if there was one. They always throw all the upgrades in and more. But, that's not how the rest of the homes will be built.

I would suggest to the OP that they knock on the doors of their model and ask the homeowners if they paid extra for windows. If they didn't, then the OP has reasonably made an assumption that their home would be built in a similar fashion. This would support their position. If they did pay extra, the OP is probably out of luck. The OP would have to chalk it up to a misunderstanding.

In any case, the OP is probably already out of luck. The time to put in windows is in the framing stage. The time to notice the problem is in the framing stage, too. That is when the issue should have been raised. It sounds as if this structure is already past that stage. While windows can always be added retroactively, it is very hard and very expensive to do when siding, insulation and drywall are installed. The builder is going to balk at that and tell the OP to pound sand.

The OP paid a premium for additional custom items, too. This is why they need an attorney to sort this out quickly. They are in a weak position already. The builder has a lot of their money. If the OP retains an attorney, they stand a good chance of getting the deposit returned. The custom items are less certain. But, I'd bet the builder would refund just to get them out of the office. The final choice comes down to the OP. My advice would be get the attorney, get your money back and go elsewhere. Never fall in love with real estate. There is always another one around the corner. This looks like a bad deal for the OP.

@booty bums said "So if the builder is willing to screw you on such an obvious and integral aspect of the design & build, imagine what else will be missing or get changed during the construction process!" That is exactly the way I see it too. If I got this sorted out, I would likely want to find a different builder to complete the home, one whose ethics and transparency are much better than the current builder.

Different builder for a tract home where the OP has invested $16k total deposit and owns nothing? 🤦‍♀️

@A_S If you buy a home in a development, quite often the developer gives you a choice to select from a group of pre-authorized builders. So the same plan can be built by different companies. Now maybe there are contractual provisions that prevent you from switching mid-project. It is something they could explore with a lawyer. I am just expressing a sentiment that I would not want to continue working with any builder who would even attempt to do business that way.

Oh I wouldn’t either! In fact I would even walk from the 16k because that’s how bad I think this is.

Please get some good advice locally. We are operating here with very limited info. You said you want and love the house. And it also sounded like you could live without those extra windows. So I would think starting with a meeting with the builder main decision-maker, expressing calmly your disappointments on windows and asking for some other feature as a compensation for these missing windows would be a better approach rather than going to the mat on this issue. Maybe get upgrade on stone? Whatever makes you happy. This is a way to present a solution and see if an accommodation can be reached. Trust me, it is your best option. Worth a try anyway. Hoping you can find that sweet spot. Frankly, in reviewing your plans, I think once you move in you will not miss these extra windows at all. I know it is emotional, but get something for your upset and feeling of loss.

The light is going to be greatly affected by there only being windows on one wall of the family room. The entry will be a dungeon without the two windows near the stairs. The downstairs bedroom might be dark depending on the direction the home sits. No window in bathrooms. No garage window is going to equal a big blank wall on the front of their home. The bonus room may fair okay because two sides still have windows but the upstairs front bedroom will only have one small window now. Basically the builder has eliminated all windows on both sides of the home except for the one in the upstairs bonus room and a small bedroom one and they are left with the few windows on the front and back of the house. This is criminal really.

Maybe I am not reading the drawings properly, but I see windows where you see none DIS. There are windows just not extra ones. I see windows in front bedroom/media, in family room either side of fireplace and windows in second floor. No window in garage but a large wall on front can be managed with good landscaping. I surely understand the frustrating feelings, but criminal?

Angel- any updates?

following for updates

Flo I was reading anything in red was removed. That looks to me like the windows flanking the fireplace are gone as well as the others I mentioned. Admittedly the photo is blurry for me so maybe I am not seeing what you're seeing. But yes any builder who would remove 13 windows from a plan is a criminal in my book.

I think the ambiguity is that, even without those 13 windows, the house has plenty of windows. they may be hard to see on some devices, but the original plan had a huge amount of windows and it will still have them. for example, there were 2 windows on both sides of the chimney and now there is one.

I am not saying that the builder has acted properly. I do not have enough facts to know, but it is not as if the house was obviously going to have a lot less value as the builder has its way. this is why the op should consult a lawyer (and potentially a designer) for advice.

I agree with lg222. There must be something missing in the way of info here from the beginning.

Let's not pretend that a tract or production builder taking advantage of the power dynamic for a bait and switch is unusual. It is close to the entire business model of many tract builders. If it is hard for you to imagine a tract builder showing a customer a drawing of a house that they know doesn't match the house that will get built, then you are not trying very hard because it happens all the time. In fact, I will argue that if nine out of ten people just say, "the house has still has plenty of windows," then he can turn adding windows he already promised into a profitable endeavor and even if he has to eat one in ten, it is still a great profit making tool for him.

The OP notes, "We have already signed the drawings 6 months ago agreeing that these were our plans." Assuming that the OP actually did sign off on that drawing it seems something worth getting professional help from someone who is an expert in contracts...

I totally agree. The OP needs professional help.

Still no comment from OP.

It’s been three days since this was first posted. That’s hardly enough time for this to be resolved by OP. Not sure why anyone would expect an update in such a brief amount of time.

What brand of windows did you choose? We are looking at Quaker and looking for reviews. Online they aren’t good! Thank you.

is start a new post or at least identify what material you are looking for along with location .

Sorry it’s been a crazy few months. We ended up talking to the builders broker and after a ton of back and forth the builder ended up letting us add the windows (even at a reduced cost).