My wife and I signed a contract and put down money for a new build on a Saturday. The contract was for a specific model house on a specific lot. On Monday I get a call from the builder's office stating that the lot we chose will not fit the house we chose. I am told we will have to pick a new lot for the home. There is only 1 lot that will fit the house and we do not really like it. We have NOT signed a new contract with the new lot information. Are we entitled to get our deposit back if we don't approve the new lot?

Unless something unique to the sales contract allows them to 'pick' another lot for you I would imagine you could cancel it and get your deposit back.

sounds like you have a crappy subdivision agent usually they have a sheet that will tell them what model will fit on what lot,they have to have so much space in the front and back of the lot also be carefull if you want to add a covered porch as that might extend out and make the house unbuidable or too big for that lot.The sub. agent is new or dropped the ball look at your contract word for word if it says builder has the right to change lots you are out of luck.

I figured that most builders SHOULD have a list of which models will fit on which lots. That is why I was shocked when they called. I recently met with them and confronted them about not knowing the combinations and they said that they don't have a list and seemed like it was a crazy idea that I should assume that.

What ever happened to the master site plan? You know, the one they submitted to the county for approval before the permits were issued? I have worked with many developers and they know exactly what can go where. It's required. Based on my experience I say they made a mistake and are trying to give you the run around. Most likely their agents double sold the lot.

I agree, the lot was likely double sold. It often happens when sales info isn't updated regularly amongst sales staff. How many times have you heard the salesperson call to say 'sorry,we can't do what we've said'. it's a deal breaker.

Often the "week-end" agent does not have all the updated information and is often just a fill in in effect doing an Open House for the builder.

Read your contract... it should be clear on what everyones responsibilities are. If it is like you indicated, specific house/ specific lot then you should not have a lot of problems. If you do... ask him who his attorney is.....