We are in contract with a builder. We are scheduled to settle Dec 5th and do the final walk through Nov 28th. My husband and I are thinking to walk away from the contract because we believe the builder's sales rep conducted a misinterpretation about our lot. When we first sat down with the sales rep for the first time, we made it clear we wanted to have a flat backyard for the kids. She told us that the lot that was released was flat but had a small slope in the end. We drove by and saw the lot was on a high elevation, but we could not visualize the finished grading plan since they had not dug the ground yet and that the house was still not there and we believed the sales rep when she said it was going to have a small slope. At pre-construction meeting, the small slope was brought up again, but they said it was very insignificant. Well when they had dug the ground and the framing was up, I realized that the lot sitting on a hill and the slope was 45 degree steep. We had about 40ft of backyard, but only 25ft was flat. I addressed the issue with the builder and they were so defensive about it--and told us it was our fault if we didn't check the lot prior signing contract. However, the foreman agrees verbally to give us 30ft of flat surface. We were fine with it--But then Sandy hit and washed away some of our backyard. We addressed the issue again and they said they were going to regrade it so we have 30ft--well half of the backyard was 30ft and the other half is 18ft which is unacceptable to us. The problem is that we dont have anything in writing from the foreman that he promised us 30ft--Now he denies promising us anything and they wont do anything to fix the issue. The sod is installed and the house is ready. However, my husband and I feel like they were misinterpreting a product so we could sign a contract with them. We re going to contact an Attorney. We are afraid that they're going to sue us and win if we walk away?
