I had to sign off on the plot plan, which showed the location of the house as it would sit on the land. I thought this was standard? Check your paperwork again.

Do you have a zoning department you could call? A house being constructed near us had to start over because it was maybe 10 feet too close to the road.

If this is a planned community, check your deed restrictions for required setbacks.

Oh my, this is so sad. There are many things that influence placement of the lot, including zoning requirements as above. Also, drainage requirements regarding how water flows from an overall perspective of the development. . Go to the builder now, be firm, tell them what you want. There are likely many lots in this development that can give you what you want. Ask the builder if they want an unhappy client. It's early in the process. Do it now. Sadly, for a developer, you are simply a number for a house sale. But for you, this is your home. Be firm. They can give you options if they want to. If all else fails, it is worth getting a real estate or contract lawyer to spend a few hours giving you your rights.

I’m currently under construction and had to sign off on a plot plan that detailed everything. My contract also explicitly said not to assume anything about the model home was going to be the same for mine. The model‘s setback is 15’, mine is 22’. Also worth noting that at this point if I cancel I lose my 5% builder deposit - also in the contract.

Happens all the time with production builders. When I worked for a company that did all the front yards for a bunch of builders, it wasn't uncommon for the front yards to end up way deeper than on the plat they were given. The builders place the homes in whatever spot works best for them based on grading and drainage, so I don't know what all you can do.

Thank you all for response.

We are first time home buyer. There was no drawing while signing contract or any mention about setback. During design conference, builder agent did mention about little extra setback compared to model home. He did draw with pencil on map. But no signing. Now it’s almost 80% deviation from what he shown. Other proble is due to smaller backyard, house came closer to slope of yard and posing safety risk with kids.

sales agent do not have much information and just trying to smooth things out.

we have plan to discuss during pre dry wall conference. will that be too late ?

what argument to make?

"we have plan to discuss during pre dry wall conference"

Yeah at that point it will be too late unless you walk away.

"what argument to make?"

Threaten to walk away. You will probably lose your deposit but if safety becomes a factor for you then what choice do you have. You should have a contract as well as plans showing exactly where the house sits on the lot. This is all done on the front end before you agree to anything. Tough to back up once the horse is out of the barn.

As a custom builder, whenever I sold a new home, the buyers either had a solicitor (lawyer) or they were themselves before they signed anything.

Your only accurate answer to any remedies is a local real estate lawyer asap.

Do not wait! Pre drywall is post framing. Any concerns you have during the build must be addressed immediately & in writing. It’s imperative to be visiting build site daily when work actively being done. Don’t know what can be done now that foundation slab poured as unlikely they‘ll remove & regrade & repour. Too you didn’t note this issue when framing for foundation being placed. Your only recourse may be to walk away and lose your deposits paid. Perhaps there’s another lot in same development that you can swap for?

Also, the sales agent you mentioned does not work for you. He / she works for the builder.

KW is right about the sales agent representing the builder. Also there is typically language in the contract you signed that says something the lines of (paraphrased here) that any oral representations made by the sales agent or any other representative of the builder are not binding on the builder. Contact the builder immediately about the slab location. As mentioned up thread you may have to walk away and lose your deposit if you can't "switch" to a other suitable lot within the community. Don't delay. Don't wait until the drywall meeting.

Call or visit then today! Put your concerns in writing and ask for another lot. In the meantime, research real estate lawyers. Speak to someone other than the sales associate, like that person's boss. Contact the regional manager of the builder. Is it one of the big ones such as Lenox? Your argument is that you are a first time home buyer that trusted too much and you know they don't want to lose your business or suffer negative reviews on social media. Tell them you feel they were predatory to you i.e. you were told one thing by the sales associate to get the sale and now they are not following through. Tell them you want another lot asap. Is there a local consumer protection group in your area? Not sure where you are, but when I lived in California, I could get a lot of protections.

Find out your walk away cost and as a last, offer half of that to the builder to make the change.

Thanks again for all replies.

we have emailed our concerns today(11/23) to agent and requested a meeting with next level person in addition to sales agent.

hoping to hear back soon.

As this lot has additional slope space in back, I am hoping to ask to grade it out flat to add some more space in backyard and put fence.

@tozmo1 - will follow ur advice for splitting cost for any change.

All the best to you, Achala. You are off to a great start! The first step is the hardest. Stand firm and walk that line between being calm but letting them know you are not to be taken advantage of again. They knew you were new to the home buying game and took advantage of your naivete. It happened to me with my first home buying experience. Don't be afraid to use the term, "predatory sales." Tract home builders and mortgage brokers are still stinging from their misdeeds of 2007 & 2008.

Have options that you are willing to negotiate with e.g.

Most desirable: An new lot that gives you the backyard you want for no additional cost

Next desirable 1 : A new lot for a very small cost

Next desirable 2: Grading the lot flat and build a fence at their cost

Next desirable 3: Grade the lot flat, you pay to build a fence but get a lot of upgrades in the house

Etc. until you get to the point of "walk away at no cost to you."

These are examples. Before you enter into this conversation, know what you are willing to give up and what you won't give up. Create your own list of options.

Start with your most desirable outcome and negotiate from there.

Check with consumer protection agencies in your state. They likely exist and can help you.

If I understand the origin of your name correctly, you were born to do this! Awaken the compassion and wisdom of the builder to remove this obstacle. :-)