Builders in Katy - No Quality or Ethics - Perry Homes (Austin: real estate, insurance)

[crone]

If you close, a lawyer will do you no good. You will be signing an agreement to go to binding arbitration. Going to arbitration will cost you 500$, last time I looked.

[longhorn96]

Wow. So sorry to hear you've had so much trouble with your Perry home. That has not been my experience at all with Perry in Aliana.

Sure, there have been (mostly minor) issues that we have uncovered during our many visits to check on the construction progress, but our super has been extremely accommodating, fixing about 99% of the items as we go along.

Sounds like the quality of your build really depends on the construction crew and the super (which I had heard before, but this direct comparison really underscores it).

I unfortunately don't have advice on how to get back your earnest money, but I agree with other posters who recommend going as far up the chain as possible to get some help in this matter. Good luck!

[hulio82]

Did you do a home inspection? are any of the outstanding items against code? we purchased an inventory Village Builder home which was almost complete- they had to put in the finishing touches. We did an inspection and found a handfull of issues. The salesperson @ VB told us that they are required to fix anything that is not meeting the houston homebuilding codes. so from the time of the inspection to closing, we went back and forth with them on items which our inspector felt were not following code vs. the builders interpretation. We were able to get all the big ticket items resolved, but had to let go of some of the minor ones.

Our realtor said the same- prioritize which are must haves vs nice to haves and lets try to meet in the middle. but for the must haves, don't budge.

[fordlover]

Perry's lawyers probably get paid more than yours do. So I'm guessing you already signed a document (when you put your earnest money down) that says you'll agree to do all the things you are now balking at.

You can certainly back out, that is up to you. But you will get NONE of your Earnest money back. And Perry will fix a few of the obvious things wrong with the home, then sell it to someone else probably in less than a month, maybe less than a week.

[marksmu]

Originally Posted by andyjones

We selected Perry to build our new home in Katy 3 months ago and since then nothing has gone right. The reason we selected them was because of their brand name around quality and the reputation, that they would stand by their product when needed.

Over the 3 months we realized that all was said and told us is untrue and was just Sales Trap. Have been a homeowner for more than 30 years and I have not ever seen such a poor quality of construction that the builder is too shameful to even accept it. The super wants us to close despite pending actions and is not ready to acknowledge the punch list.

The count of home's punch list that I compiled, is hovering in the range of more than 100 odd items and Perry salesperson believes that is the reason they have 2 year warranty (they want to justify their poor construction by availability of warranty). They have been treating us with utmost disrespect for asking them to commit to the open items prior to close. They are not even willing to escrow to confirm that the punch list items will be fixed. Despite the fact that the home is not ready and has punch list items like tile floor, poor cabinet quality, nails in carpets etc. The builder says that they are not obligated to fix these and is not required, to be able to close. On top of that they have the guts to ask for a penalty amount each day for any delay in closing.

We feel on a constant barrel and the builder is taking us for a ride when we are not comfortable yet on what they are delivering. Builder has come back with an option - take it or leave it, and is not willing to budge. They are not even ready to commit to fixing any of the items in the punch list under a set time period and the method of resolution, before we close. People in our neighborhood are already complaining of Perry's lack of timely response on any warranty items.

We are going to walk out unless Perry agree on fixing the punch list items within a timeline. Any suggestions around recovery of Ernest money from the builder will be greatly appreciated.

FIRST - read your contract. The contract will dictate what you can do. It probably has a substantial completion clause in it, which is bad for you, especially if the problems are little cosmetic ones. Second, take pictures of EVERYTHING, and require that 100% of the punch list be added into a second SIGNED document that accompanies the closing. Have that document notarized and dated at your closing if you absolutely can not walk away without losing your earnest money

Personally, I would not close unless the home is correct and the way you want it. They will play games with you. Schedule an appointment and miss it, then reschedule and miss, then come on a day your not there and say its your fault for not being there. The end game is to get you to use up all your vacation trying to let them in that you can't actually do it.

Once you close, the responsiveness of a builder goes sharply downhill. I know this for a fact. Ive been there and done that. Its even harder if you have pets.

If they refuse to fix the items and threaten you with fines, etc just tell them this. If you do not fix them and you try to terminate the contract and keep my earnest money I will file a LIEN on the home for my earnest money and I will not release it. You have some power by being able to do this, but you also risk civil liability if its later determined that your lien is not valid. With that lien you can 100% prevent them from selling that house. No title company will close with an existing lien out there. Its playing hard-ball but I think sometimes you need to do that.

With that said, I think alot of folks get very emotional during the construction of their home...they see things that are not perfect and want it done perfectly. Unfortunately the trades these days are working as fast as possible, for as little money as possible....they are sloppy and will do as poor a job as the boss-man will let them. If your superintendent was not any good, then the house is likely not any good.

If you are really concerned about the issues get an attorney and a home inspector. It will be the best $2000 you ever spent. Peace of mind AND leverage if you need to assert it.

[crone]

Thanks, marksmu. That is some of the best and most useful info I've ever seen on C-D.

[HoustonBornNRaised]

Get it inspected, and get it inspected again before your one-year warranty is up - if you decide to stick it out, that is.

Otherwise, I wouldn't expect too much from the builder. Their contracts are not written to protect you. They're written to protect them, and their interests.

[astrohip]

Originally Posted by marksmu

If you do not fix them and you try to terminate the contract and keep my earnest money I will file a LIEN on the home for my earnest money and I will not release it. You have some power by being able to do this, but you also risk civil liability if its later determined that your lien is not valid. With that lien you can 100% prevent them from selling that house. No title company will close with an existing lien out there. Its playing hard-ball but I think sometimes you need to do that.

Before you even consider this particular advice, you would want to hire a lawyer. The penalty for filing an unlawful lien is huge. HUGE.

My advice would be to walk away. I'm guessing you are half the problem (no one has THAT many problems, especially in a Perry Home), they probably want you to walk as badly as you don't want to buy this house. You can try negotiating some of your money back, but in a market where they will sell that house the minute you walk away, I doubt you get any refund.

Next time, buy a completed inventory home, so you know what you are getting.

Remember the famous words of Raylan Givens: "you run into an assho|e in the morning, you ran into an assho|e; you run into assho|es all day, you're the assho|e".

[TexasCatherine]

Originally Posted by Bily Lovec

i went back and read your post again.

I call absolute BS, there is too much failure in your post that NO builder would do.

Have to admit I was thinking the same thing as Bily Lovec. (Maybe the OP works for Trendmaker or Village.) But if indeed there are over 100 items that need correction, then best advice is found in marksmu's response.

[swopoe]

We closed on a Perry home in Riverstone in March, and Perry has been wonderful. Very responsive to our needs before closing and after closing. We love our Perry home so far (knock on wood). Good luck, if you really are having that much trouble.