Hello,
I signed my initail purchase agreement for a new home with a $3000 earnest money deposit.
I had initially informed my builder that I have a broker and that he needs to be included in the contract. However I did not see anything about the broker in the contract. Now, I am ready to sign the big contract (to start construction) and asked for my realtor to be included, at which the builder tells me that it's too late and that we cannot re-negociate after the first contract.
I looked over the copy of my contract - which was actually sent to me few days after signing. I see that the page that talks about the realtor was included only after I signed the contract, plus it has my forged initials.
I spoke to the builder about this and they still will not include my realtor in the contract, plus, they now want me to cancel the contract ASAP.
What should I do and will the original forged document be valid once I sign the cancellation papers?

Thanks in advance!

Tell the builder that there appears to be some question about the validity of a page that was initialed but you were not the one that initialed it so you will need to consult your attorney regarding your legal options. Also say that if the final contract includes your realtor as you had originally agreed to you would not
need to discuss your attorney.

Ask to see the original contract. I know when I have people fill out contracts I have them use blue ink. That way if some one else fills in something they shouldn't and photocopies it to make it look like their copy I can pull the original out of the file and say woah buddy that was filled in after the fact. But still get an attorney CYA.

Here is what I never understand about these situations. If you are working with an agent, why did you approach the builder alone in the first place? Why did you sign anything without your agent? If you are having a home built from the ground up, why do you need an agent involved? You do realize that the builder is going to charge extra for your home to cover that agents fee.

The major point here though, you need to contact an attorney and get away from this builder. If he has forged your signiture, what else will he do that he shouldn't be doing while building your home. Run and run fast as it sounds like the builder is shaddy to begin with....

Thanks all for your advise!
Just wanted to add that this is a very big and reputed builder. I am not sure if this was some game played by the staff at the sales office.

In my market agents and builders work pretty well together, though I know that is not the situation everywhere. With the exception of very small custom builders, the builders in our market don't mark up the house if you have an agent nor will they discount it if you don't have an agent. Of course, the co-op cost is figured into their operating costs, so it is being passed on to the consumer, but not on an individual house by house basis. Many agents in my are do a nice business selling new builds to their buyers.

I had a client that "DID NOT" want a new build, but one day they were out driving around and stopped in a model. They told the sales person that they were working with an agent and the next day I had a co-op agreement faxed to me from the builder. Since you told the builder that you were working with an agent, it shouldn't have been a problem. I would be worried about my initials being forged. What does your agent have to say about this?

I realize that I should have taken my agent with me the first time. So there is not much he can do at this point. Anyway, I have decided to backout from the deal and they have agreed to return my deposit - not surprised.
I am still angry that I have to let them get away with the forgery - or I can spend the next 6 months or more chasing them..
I think once I cancel the contract the original contract becomes invalid. Am I right?
Also, nobody at the builders corporate office seems to be a bit worried. Guess they are playing safe..

I hope you can get out of this without losing anything. IMO this builder has already shown they're not doing business ethically or even legally. Forgery is a big deal, and trying to cut your agent out of the deal is not too cool...run away from this builder! And good luck!

Whatever they're doing is negligent and it would be tough to prove that they forged your initials. You did the right thing by telling them that you have an agent working with you. That is very commendable because your agent is your best friend or should be, at least, in the transaction.

If you are dissatisfied that the builder is getting away with this, report the builder to the real estate licensing board. A complaint from a consumer weighs more than one from the professional.

consult a lawyer

court