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Columns: Real Estate Adviser
Steve McLinden Expert: Steve McLinden
Real Estate Adviser
Unless builder promised prices, there's little recourse.
Real Estate Adviser

New-home price cuts hurt early buyers

Dear Steve,
I recently bought a new home and moved in less than three months ago. Since then, the builders have dropped the base purchase price by more than 15 percent on other homes in my subdivision! I am furious. Is there anything I can do about this?
-- Bob L.

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Dear Bob,
Unfortunately, this type of thing is happening all over the country as builders try to bail themselves out of excess inventory and cash-flow problems and minimize the dire results they're posting for an increasingly skeptical Wall Street.

Builders are, in effect, resetting the market by using such maneuvers. This in turn can affect pricing of the balance of an area housing stock if pervasive enough -- particularly in areas where there has been significant new construction in the past few years. More and more, MLS listings and for-sale ads commonly state, "Builder Dropped the Price!" This isn't what you wanted to hear I'm sure.

A class-action lawsuit dealing with this type of situation was filed in 2005 against one national builder by approximately 100 homeowners, claiming financial losses when the builder dropped home prices as much as $100,000 in several Las Vegas-area subdivisions. But that suit, which alleged the builder misled buyers about the value of their homes and the types of communities they were buying into, was dismissed a few months after it was filed. Several homeowners have since refiled in separate cases.

If you felt you were deceived in the sales process, you might be able to follow this legal route, particularly if a sizable number of other home buyers were treated similarly, but I can tell you it will be a tough road. However, if the builder made specific verbal or contractual promises implying a commitment to keep home prices at a certain level in your area, you'd have more grist.

This brings up a couple of related points. Lenders don't like to see this kind of thing because it has a negative impact on the values of area homes on which they have already lent. Secondly, I'd be curious to know if you used your own agent in this transaction. When buying a new-built home, many people don't, which in these times can be a mistake. Most credible buyers' agents, when assessing a possible client purchase, should realize this type of price-slashing is occurring and advise their clients accordingly. It is their fiduciary duty to do so. However, these types of oversights and (or) code-of-ethics violations are tough to remedy, as well.

For readers pondering the purchase of a new home at this juncture, be wary that this price-slashing practice is ongoing. As for you, Bob, I certainly don't begrudge you your outrage. I suspect you'll do more homework next time. Better luck to you in the future.

Bankrate.com's corrections policy -- Posted: Aug. 12, 2007
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