Since they're willing to refund your deposit, I don't know what you expect from a legal suit.

(Check with your lawyer on that.)

If you like the lot but can't abide the house, walk away.

It doesn't appear you would be happy to deal with this builder again.

My agent said he could get my money back so im not sure hes trying to calm me down or he actually can. yeah not a happy camper to say the least lol just dont understand how this atuff happens

Are you dead set on not accepting that house? If not, and the floor plans are similar, then try negotiating a discount or upgrades as suggested. Maybe hire an independent appraiser to make sure it’s being built well. Maybe even consult a real estate attorney. How much does not going with this house mess up your life. Do you have time to start over with a new contract elsewhere? They say real estate is all about location…if the lot is well located, the house design might not matter so much.

Your confidence is list with your builder, he is not trustworthy. Its like a bad marriage. So sorry this happened to you. This sounds like a legal issue; he did not fulfill a signed and expensive contract. At least get a consult with an attorney.

To me the facades look the same but with different gables and trim so I suspect the plans are the same. Either facade could be altered to look much better. Perhaps you could get that done for free.

The first thing I would do is ask that the low quality perforated lumberyard building wrap be removed and replaced with Tyvek HomeWrap unless you live in a desert. I would also get rid of the imitation stonework, vinyl shingles and the spindly portico posts.

They might even give you the gables you wanted originally although the way they sit above the garage doors is awkward which would be more obvious if the truck was not in the photo.

But don't expect the builder to suggest solutions and don't be afraid to ask for everything you want; its a negotiation.

So terrible this happened!

I would be so conflicted at first, especially if I thought the lot was truly unique in some way and could “never “ be replicated.

But, the point about builder trustworthiness is key. What a bum to lie and coverup the error. Who knows what else he might do, or has already done ?Very worrisome because if in fact he were building practically the same house, he himself should have had ideas about how he could “ sell” you on going ahead.

Let’s say the floorplan is still acceptable or even better. ( That would have to be determined, because now the orientation is somewhat different & I don’t know how that affects light & views of the rooms). But because of the mistakes/ lies, you will want him to “ pay”. An overall discount? But then he might cut other corners. Upgrades? Maybe. Will you ever feel it was enough or will you be hypervigilant , as would be needed, and never comfortable.

I’m thinking about other posts where a builder or installer made a mistake, as these do happen IRL, came forward, and made efforts to negotiate with homeowner. Sure, they would still try to protect their costs, so homeowner still has to be alert , but a bit different than this situation. Easier to accept or adapt.

My take is that the house plan is essentially identical and the only difference is the gable arrangement. Your house doesn't match the drawing exactly either, they have the single window on the lower level of the house you wanted, not the double window as shown on the elevation of what they built. Personally I like facade they built better, I think the upgrade details look tacked on, but that's neither here nor there.

I would still walk away if I could because of how the builder has treated this situation.

Where is this that they are still building split-level houses?

OP not sure how much you know about real estate, but split-level floorplans are usually not as desirable as a one level or a true 2-story, and they usually sell for less.

I think it's only a split entry, not a split level. Entries in between the upper and lower floor of a house with a raised basement are still being built a lot where I live.

It's the same house. One is just a mirror image of the other plan, with a few not so great additions. No reason to flee from the scene because of that. The reason to do something else is the builder lies.

The sellers agent lied to you. The builder can be a trustworthy person. Meet with him to get his position. Someone on his team submitted the wrong plans. That was a mistake, not a lie. If the builder recognizes the mistake you can go forward. The lot location is the valuable component here, not the front facade. You may be able to get an upgrade relating to the rear usage of this location as compensation. Have a specific option or two in mind to offer the builder when you go in to the meeting. Larger window or door wall may work.

Yes, I guess I am confused on which party is the one who tried to cover up vs. making a simple human error and who’s acting in good faith now. Whom to trust if moving forward.

It's the same house. It looks like the owner of the built house asked for "upgrades" (really downgrades, though), which you weren't aware of when you chose that house. As said above, it was the agent that told the story, not the builder.

Depending upon the local real estate market, your walking away could be this builder's dream come true. You need to figure if you can finish and flip before moving in if it really bothers you that much.

Just my 2 cents…

Most production builders have a kick out clause, which is essentially going to limit your damages to the return of your deposit. You can likely save the attorney consultation by thoroughly reading the contract, looking for a builder’s right to cancel or damage limitation clause.

It’s a production builder and I will argue expecting any significant level of trustworthiness from a production builder is a recipe for disappointment. I wouldn’t walk away from the perfect area just because a production builder lied to me, anymore than I would walk away from the perfect car because the car dealer lied to me. In the end, how well this builder builds a house isn’t going to be determinable by looking at how well the builder deals with confrontation. This is, of course, different in full custom builds, where trust is an important element of the relationship.

8 steps to an entrance door that enters onto an intermediate stair landing. What would you do if you had a temporary or permanent injury or a handicapped or elderly guest?

If you can get the facade improved, your next task should be to determine if the rest of the house is acceptable construction. I would test the bounce in the floor joists (stand on your toes and drop to your heels - there should be no shaking).

Houzzers gonna Houzz:

I don't think it matters anything about the design of the house, whether a commenter thinks it looks bad or isn't their style; whether a commenter is willing to walk away or move to another spot because it's an easy suggestion when you have no skin in the game; whether it's a raised ranch (common in areas with high water table); whether or not the builder is trustworthy; whether it's the same basic plan as the desired one; or anything else.

Simply, the buyer thought, paid for, and were assured they were getting a certain product, and that is not the product they are getting. It's an unfortunate situation, and I don't know of any resolution except seeing a lawyer to understand if there is any recourse.

@3onthetree - With respect, the OP specifically asked for some of the advice that you note doesn't matter. "Ask them to build me another house on a different lot with a ton of concessions upgrades for free? seek money from the courts? walk away? my agent told me he can get my non-refundable deposit back because of how bad they messed up."

Whether or not the OP can or should trust this builder to build a different house specifically goes to the OP's suggestion of having the same builder construct a house on a different lot. I submit a better analysis of the OP's situation is that they were offered a product that is no longer available. The OP must now decide whether to accept the product available, order a new product that is more comparable to the product they wanted, or accept the offered refund and decide they don't want any version of that product. None of which require seeing an attorney.

As for other damages... see my post above.

I am not an attorney.

Just guessing from limited past experience, it looks as though you are buying in a new development. Back in the day, individual builders would buy a lot from the developer, then build a spec house to sell. More recently I’ve seen developments that start with a few model houses sited near an on-site dedicated real estate office.

In the latter case, I think (but do not know for sure) that the realtor is a subsidiary of the developer. As I understand (again not sure) these things, the developer is the builder through a subsidiary. If this is your situation, I suggest you talk to an attorney with experience in real estate. The developer/builder/seller’s agent may all be looking out for the interests of a corporate parent. You should talk to a professional who is not beholding to Seller in any way.

Good luck with however you choose to handle this mess!

Have you considered asking the builder to replace the lot? Take that lot and house out and start over with a clean, new lot? Asking for a friend...!