I have a question that hopefully someone can help me with. On December 19,2004 my fiance and I signed a purchase contract on a home. We were so excited until we saw the apparent lack of an active homeowners association in the 1 year old neighborhood which still was not complete. By Feb 22 we were so disgusted with what seemed to be a decent place to live for a few years. Anyhow we wrote to the corporate office and stated the reasons that we wanted to withdraw from our contract and why we felt that we should receive our earnest money back. As of today we have not received any correspondence through the mail or by phone call stating their decision.The problem is that the house has now been sold but is still not yet complete. Now we have already began the purchase of another home so we don't want the other home but without the builder contacting us how would they know that we didn't take their silence as saying that they weren't going to give us our money back and that rather than loose our money we decided to keep the house? So now the question is what should we do. We still have a contract on that home but it has been sold to someone without our money being returned. Is this legal and what should our next steps be???

If the house has been sold to someone else while uder contract to you something is very wrong hopefully you used a realtor to put the contract on the house. Because builders dont need to be real esae aents to sell their own houses and you may end up going round and round. Best bet would be to have a layer send them a firmly worded letter and see what happens.

Just a side note you posted this in the fourm FAQ section you need to move it down to buyers or ask an expert.

I would definately consult a lawyer on that situation.

It sounds like they could allege that you did not perform in a timely fashion. You should consult a lawyer especially if you did not use a real estate professional to represent you.