Posted by sharwinston on 4/12/06
Find all your contracts regarding your home construction and
read every word very, very carefully. If you never signed
anything agreeing that the rebate would be returned to the
builder or subcontractor and it was never agreed that any
rebates would be taken ito consideration in the purchase price
of the home: You get to keep the money.
imho: Looks like someone is trying to shake you down. Out of
an abundance of caution, you are urged to take all your
contracts to an attorney for an opinion of your legal rights
and obligations. It could be well worth a consultation fee to
have peace of mind should you start getting threatening
letters from the builder or his attorney.
iiwiys: I'd ignore them all & keep the $$. The burden of
proof is on them to prove the rebate belongs to them.
On 4/10/06, Ray wrote:
> I recently bought a new construction home. We put earnest
> money down before the building process began and the
> seller held the construction loan for us with a purchase
> agreement in hand of what the house would include,
> blueprints etc. Upon completion of the home we met with
> the builder, seller, and our agent to go over the final
> numbers and any debits or credits that had come up in the
> building process. We paid for every penny down to the
> overage in the ocst of the drawer pulls we chose and the
> amount of gravel used on the project. We closed on the
> house and everything was settled. Now almost a year later
> the subcontractor on our furnace came to us asking for the
> $2000.00 rebate that was given to us by our electric
> company. Without our knowing the builder and subcontractor
> agreed to take the rebate amount off the purchase price of
> our furnace. In all of our negotiations however no one
> mentioned any such agreement to us. It also was never in
> any documents we signed for the purchase agreement or
> closing. The rebate can only go to the electric company
> customer who purchased the system and was sent to us in
> our name. Do we have to hand over this money when we had
> no knowledge of any agreement? The builder is saying they
> gave us a credit for it in the purchase price of the house
> but we never were told what the system cost and that the
> rebate was being used to lower that cost. They also argue
> we were never to know about it so it shouldn't matter to
> us. Our realator also knew they say and she admits this
> but never told us because the builder was going to handle
> it. What should we do now?
Posts on this thread, including this one
- Rebate, 4/10/06, by Ray.
- Re: Rebate, 4/12/06, by sharwinston.