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Advice for dealing with builder

3,193 Views | 19 Replies | Last: 3 yr ago by ktownag08
Aggie118
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AG
Seeking advice on how to deal with a situation with an exclusive builder on a lot of land we bought.

My wife and I bought a piece of land from a builder back in February who quoted us at $175-$185 a square foot for our build then, with a fixed price contract. At this time lumber was at about $1,400 and oil was around $100. He stated lumber has been the largest variable so that could be what messes with the price if anything.

Fast forward to about a month ago, lumber is at $550 or so now (significantly down), we have designed a plan with the architect team and get quoted at $227 a square foot. We ask him how we can get it down to what he says is the current average right now $210-$215.

He tells us to make it a one story instead of two, and to remove some key features like a built in fire place on the porch and shrink the house down. So we make these concessions and just got our bid back again and its still $227 a square foot.

The contract for our land states that we must use this builder within 2 years or our builder has the option to buy back the land at the same price we sold it or relinquish the right to us to sell it or use a different builder.

I reached out to a local custom builder in the area who appears to do quality work just to ask some questions and he immediately knew what I was dealing with and who I was dealing with when I gave the general location.

He is quoting $150-$160 a square foot and actually has that advertised on his website unlike the other builder who just verbally told me a quote, and is able to bid out our plan immediately, so no large gap of time to say prices have gone crazy. He also said that someone in our neighborhood basically told the exclusive builder who sold the land that he will not be using him and is going with this new builder.

My question is, does anyone have experience in this situation of asking to use a different builder when the land was sold with the idea that the builder who sold the lot will be the builder?

A couple ideas I had were:

A. Request to use a different builder and see what they say

B. If they say no, offer $20,000-$40,000 to the builder to be released of the obligation. This will still save me $200,000 in the long run.

C. Sell land back and find other land (more expensive now).

My hope is that they won't want to deal with the headache of buying the land back and reselling it as they have like 40 other projects going on.
Sorry that was long post l. Appreciate any advice.
ChoppinDs40
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AG
Is there anyway you could argue the builder isn't acting in good faith? And say "I've got quotes on the same plan from 2-3 other builders that are significantly lower"

Tell them you're going to use another builder and if he balks to pound sand, see me in court?


I have a buddy who bought land around Broken Bow right as Covid broke out. Builder would refuse to start construction and kept insisting to buy the land back (knowing he could turn right around and sell it for more). Buddy knew this and would be right back in the same place having to buy an inflated parcel of land somewhere else. He's just waiting this guy out.
Diggity
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I think anyone giving advice on your options (short of asking the builder nicely) would have to see the contract that was signed.
Know1
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You need an attorney
aggiepaintrain
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what kind of finishes are you getting for $160 sq ft?
Brick on all sides? Seems low

agree you need atty
pdawg10384
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Most builders in Houston are around 300/ft right now for a nice higher end home. What kind of house can you build for 150/ft right now? That seems a little odd to me.
SteveBott
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In my experience builder contracts are written to protect them almost 100% of the time and never the client. As said you need an attorney to even things up.
htxag09
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pdawg10384 said:

Most builders in Houston are around 300/ft right now for a nice higher end home. What kind of house can you build for 150/ft right now? That seems a little odd to me.

300 seems high? We're not serious about building so haven't done a lot of research but cautiously watching the market. I've spoken to a couple builders and they're at $180/sq ft. Obviously upgrades are likely but not $100/sq ft. Lumber has come down significantly

ETA: these aren't super high end builders but not budget builders either. For example, one I've talked to is partners in building.
a07nathanb
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The 2 builders I've talked to recently have said that even though lumber has come down, all other materials have gone up and subs labor has increased significantly. It's hard for me to imagine anything under 200 a square foot these days for a custom home
JP76
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This

Concrete through the roof
Anything metal through the roof
Recently priced out a project I'm working on and even though lumber is down some, if it were to revert back to where it was, adds ~ $30 psf framed sq ft to the project. No builder is going to eat $30 psf of risk in this current environment. And if there is any cedar involved in this project that's a whole different topic. And 150-160 sounds sketchy. Maybe 170 but really depends on finish out and timeframe because no builder worth a damn is going to take a 20 to 30% risk just to earn your business with the current environment.

htxag09
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Truly custom will be over $200, for sure. Still think $300 is really high. Had dinner with my wife's family tonight and her sisters family has an old house in the heights. They are tearing it down and building new. Got the plans from the architect and bid out to a few builders the architect recommended. Bids are coming in ranging from $195-230

Edit: my responses were more geared as a reply to the poster I was quoting who said builders in houston are at $300. Not necessarily responding to the op. Though it does seem like the builder is simply using their leverage to make a few bucks
Furlock Bones
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i would be extremely leery of that 150-160/ft number. that's not realistic. also, i hate to be the bearer of bad news but that builder is not very likely to release that lot for you to build with someone else. i didn't see where you are trying to build but if it is BCS, lots are way too valuable to builders.
Omperlodge
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Furlock Bones said:

i would be extremely leery of that 150-160/ft number. that's not realistic. also, i hate to be the bearer of bad news but that builder is not very likely to release that lot for you to build with someone else. i didn't see where you are trying to build but if it is BCS, lots are way too valuable to builders.
But he probably can't repurchase them all. I would be curious to see how it is all drafted. The repurchase right may be too open-ended to hold up.
Aggie118
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AG
Furlock Bones said:

i would be extremely leery of that 150-160/ft number. that's not realistic. also, i hate to be the bearer of bad news but that builder is not very likely to release that lot for you to build with someone else. i didn't see where you are trying to build but if it is BCS, lots are way too valuable to builders.


It's 150-160 total under roof so include garage and porches
PeekingDuck
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I can't imagine a new build under 180 right now. 200+ floor in Tyler right now. Is this in Mississippi?
JP76
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Aggie118 said:

Furlock Bones said:

i would be extremely leery of that 150-160/ft number. that's not realistic. also, i hate to be the bearer of bad news but that builder is not very likely to release that lot for you to build with someone else. i didn't see where you are trying to build but if it is BCS, lots are way too valuable to builders.


It's 150-160 total under roof so include garage and porches


So he is bidding total covered square feet $227 ?


Tell me more about the plan, how many square feet heated, porches and garage ?

Aggie118
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AG
So the current builder is bidding $227/sq ft of liveable space, which is a 3,380 square foot plan. Plus a $50,000+ land prep cost which covers sceptic, driveway, grading, and a culvert.

3,380x$270 = $767,260+$50,000= $817,260 total

The other builder is at $160 a square foot of total under roof (this includes porches and garage) at 4,754 total square feet. However this price includes all the land prep mentioned above and is not separate.

4,754x$160 =$760,640 total

Total difference is $56,620. Not sure that the delta is worth all of the headache over 30 years…
Aggie118
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JP76 said:

Aggie118 said:

Furlock Bones said:

i would be extremely leery of that 150-160/ft number. that's not realistic. also, i hate to be the bearer of bad news but that builder is not very likely to release that lot for you to build with someone else. i didn't see where you are trying to build but if it is BCS, lots are way too valuable to builders.


It's 150-160 total under roof so include garage and porches


So he is bidding total covered square feet $227 ?


Tell me more about the plan, how many square feet heated, porches and garage ?




No original builder is $227 psf for liveable space only, so 3,380 vs 4,754. 2 car garage. One smaller porch over front door (117 Sq ft). One larger porch on back of house (397 Sq ft).
Unnecessary Deafness
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AG
Shocked to hear 170-180sq/ft. we have been quoted for roughly 220-250/sq ft. depending on what finishes we decide on.
ktownag08
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Doing a full custom in Houston area right now and will end up between 235-250/sqft AC space.

I talked to a lot of custom builders in Houston and found nothing <200/sqft AC space except one which was very clear that typical upgrades push all their clients over 200.

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