Builder sent a Notice to Terminate based on false accusations that we breached the Builder Addendum. Our real estate agent (contract agent) works under the Seller's Broker (agent) so he has been of no help in working this out and suggested we contact an attorney. We know the Seller/Builder wants out of the contract because he made mistakes on the build and doesn't want to correct them. We have a regular real estate contract with Seller, not a builder's contract. We dispute their allegation that we breached the contract in any way and refuse to sign the Earnest Money Release because we feel if we sign it we are agreeing to their Notice to Terminate and allegations of our Breach of Contract. What rights do we have. Can they just end our contract with made up breach allegations? What are our rights as Buyer's?
Certainly if you feel your builder/seller is the breacher you should not sign his documents. This situation appears that there is a lot at stake and is much more complex than can be conveyed here. I recommend that you contact and attorney for a phone or in-office consultation to discuss the facts and review the contract. Many attorneys like Robinson and Henry will offer you a free consultation for this purpose.
Good Luck!
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