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night_shade89

Builder asking for more $$$ after signed contract

4 years ago

I bought a house last year in May 2021 from a builder and confirmed that I do not want a position within 12 to 16 months which is written in the contract. In January this year the owner called me and asked to give him more money or he will cancel my contract because the building supplies has gone up. I agreed to give him more money because I am desperate to buy this house for my family. Now the builder is asking me to sign a new contract. Can someone please advise if he has the right to cancel my contract signed by the builder?

Comments (22)

  • PRO
    4 years ago

    See an attorney that can read your contract and ask you questions.

  • 4 years ago

    Attorney charges 500 an hour thought someone may know here If this happened to anyone else.

  • 4 years ago

    You might read this (I haven't!). Houzz Discussion 1


    There are other discussions on Houzz about this topic.


    But you will either need to consult with the attorney or be prepared to find another house. Please be assured that the builder already has consulted with his or her attorney on this issue!

  • 4 years ago

    I wouldn’t be so sure that the builder has reviewed the contract with an attorney. He has more bargaining power and often times they simply don’t care becaue they know the cost on you of trying to force their hand.

  • 4 years ago

    Thank you Michael. Remodeling 1840 I know what you mean no need to attack just wondering if this is the right way to do it from a builder standpoint. Appreciate your feedback.

  • 4 years ago

    He owns the house. You want to buy the house. He has a professionally attorney prepared contract on his side. And you won’t spend a very minor amount to know if you are on a level playing field or to learn negotiating strategies? Who do you think is going to win that contest?


    This is the very definition of cognitive dissonance that you think you’re going to end up with that house without spending a lot more money, somewhere. If you don’t have that money to spend, perhaps you ought not be in that contract in the first place. The house note is the absolute cheapest part about home ownership.

  • 4 years ago

    The reason you're being attacked is because as said, you're being penny wise and pound foolish. We don't know what your contract says. We don't know what state you're in and what the laws say in your state, or even your county. Yes laws can be different in different counties. You need to meet with a CONSTRUCTION lawyer to see what your rights are.

  • 4 years ago

    I appreciate all the criticism and feedbacks. I just thought it might have happened to someone else as well so to get some more insights. Thank you everyone for your wise words.

  • 4 years ago

    My guess there is a clause stating that if the cost of materials go up, he can charge above the agreed upon price. I would also look at the termination clause in the contract, because he may have a way out if you don't agree to his terms. Why does he want to renegotiate? Is it because of the higher cost to build? I do agree with everyone else that you will need an attorney.

  • 4 years ago

    approach the situation with the knowledge that your builders cost have gone up astonomically. my oldest daughter is just finishing her house and paid well over 50k above what she thought her lumber price would initially be… her builder was not her enemy, the economy and inflation was. and the lumber was just the beginning….

  • 4 years ago

    The contractor would have to be a fool to guarantee a house construction price for a year or more without a construction material increase clause. Did you give him a deposit? Is it refundable?

    Did he show you evidence of the cost increases? Do you doubt them?

    A lawyer who would take such a case is not likely to charge $500/hr.




  • 4 years ago
    last modified: 4 years ago

    Finding other people who have been through this situation will not help you and might harm you. Odds are they had a different builder with a different contract than you do, they may also have been in different states with different precedents than you. You will be better served having no information than you will be by getting bad information.

    Before you even go to an attorney, you need to carefully read your contract. There is probably a cancellation clause in the contract. You can still inquire with an attorney about the precedent for cancellation clauses in your state, but I suspect carefully reading the entire contract will shed some light on this.

  • 4 years ago

    I'm currently building a house, just finished the framing. Our initial contract was signed in May of 2021, we closed on our property in June, and due to a series of delays on the part of the builder, permit delays, and subcontractor delays, we didn't break ground until the end of December. We've had 2 major price increases (per sq foot) since we started building just for the overall cost of lumber and labor. We've also had individual increases on things like well and septic and pretty much EVERYTHING in selections, from cabinets to countertops to lighting to bathroom fixtures, etc. We had our first draw and had to come with a $41k check out of pocket for increases above what was already accounted for in construction financing and allotments.


    Building now isn't for the faint of heart. The builder isn't going to build your house for you at a loss. Any increases in materials, labor, etc is ultimately going to be your responsibility to cover, and I would be shocked if the building contract didn't specify that. It sucks, it's scary, but it is what it is--the builder doesn't have any control over the **extremely** volatile market and related costs for lumber, electrical supplies, etc...

  • 4 years ago

    I would bet the contract is structured so that the builder has the ability to cancel due to "unforeseen" price increases.

    We just did a custom build on our lot and it certainly cost us a lot more than the original estimates back in early 2021. Would never expect the builder to have to cover cost increases. Due to covid supply issues, my builder won't take on a project with a fixed price at this time. Too much risk for his business.

    I know of 2 neighbors with adult kids that built with 2 different production builders and closed recently. In both cases, part way through the project, the kids were told to pay more or lose the house. They paid up. The builders had others buyers waiting, who would gladly pay a higher price, so the kids had no negotiating power.

    The year to build/buy in my area was 2019 when the market was actually quite sluggish here! Luckily we found and bought our lot back then.

  • 4 years ago

    These are awesome information and I should say a lot of care getting feedbacks from everyone .Thank you and Merci

  • 4 years ago
    last modified: 4 years ago

    The internet, especially social media, is a terrible place to go for legal, medical and tax advice. Youhave no idea who is writing and how accurate their informtion is. Suck it up, pay a attorney who knows federal and state laws where the property is.

  • PRO
    4 years ago

    The last thing you need is to spend money on a lawyer. The only thing you need to know is that you do not want anyone who is losing money working on your house. Period.

  • 4 years ago

    Photograph the contract and print it here. At least that'll give us a chance to offer our thoughts.

  • 4 years ago

    The year to build/buy in my area was 2019 when the market was actually quite sluggish here! Luckily we found and bought our lot back then.

    2016-18 was even better. :) To build my house now would be 50-100% more than what we paid to build it.

  • 4 years ago

    I agree with Joseph Corlett. Even if you could force the builder to construct this house for you at the original price, it would likely not be a quality house you would be happy living in.

  • PRO
    4 years ago

    Most likely you will find the language in your sales contract the seller is using. It will vary by state. If in California, either side usually can easily cancel a subdivision home purchase. Your deposit may be only a refundable place holder., subject to adjustments. If you cannot understand the contract, consult an attorney or ask the seller to show you the contract clauses.