Earnest money

We picked up a check for the full earnest money yesterday. It won't fully sink in until we deposit the check and see our balance increase accordingly. It was an "interesting" but brief exhange with Dean Smith, the "co-owner".  After we signed the release statement and he handed us the check, I just briefly expressed our thanks for them returning the full amount. His response was not so much a response but a mild apoplectic pause in which he grimaced, nodded downward several times and made some guttural noises that may have been an attempt at a retort that his good conscience immediately shut down in the interest of self preservation.

Aeyong hit the nail on the head when she later said she thought he was upset by the cancellation because it would make him lose face at the company. While we were never given specific details, we did deduce that the company was primarily owned by an apparently very wealthy man/family. We know that the sales rep we dealt with is the granddaughter of said owner, and it was discussed during some of the meetings that the owner retained mineral rights for all the subdivision and other parcels of land he owns, which are apparently considerable.

We believe Mr Smith runs the day to day operations and is considered as the "co-owner" but it appears he's a minority owner and that final decisions rest in the hands of the real owner. Case in point is our earnest money. Based on his response yesterday, and every other time we've dealt with him, he's never inclined to refund or discount money. We strongly believe that the owner must have read our response and made the decision to fully refund our earnest money because of all the errors that were made by the granddaughter and Mr Smith. 

I have a feeling that Mr Smith isn't accustomed to customers cancelling contracts when he screws up, and this situation has probably brought down his stock a few notches. Maybe we're reading too much into it, but I can safely say that he wasn't happy with us getting the money back, on that I have no doubt. 

Don't count your chickens...

but we're getting the preliminary offer from Royal Crest to refund us our earnest money. I say preliminary until I see the balance in our checking account go up by $11K. We're pleased by the offer, and surprised. The pessimist in me thinks they must have some offers on the property and know they won't be losing any money. In fact, they may be able to make more money with the changes in the market. In the meantime we've essentially decided on a different new home in Grand Prairie built by First Texas Homes, which is a builder we've been looking at for a long time. We were very close to buying from them when we decided to go with Royal Crest. We're meeting with their sales rep and our realtor tomorrow to most likely sign a contract. 

Awaiting feedback

We have been funneling all of our issues through our realtor including our intention to cancel. Yesterday we got a request from Royal Crest to summarize all of our problems with the home build. Reviewing old emails I typed up a 6 page narrative of what led us to request a cancellation of the contract. We sent it back through the realtor last night and we're waiting to hear their response. I don't have high expectations.

The bottom line is the contract states they can keep most of the earnest money with the exception of $1000 if we cancel and I honestly will be surprised if they agree to do anything that isn't legally required. I re-read my narrative this morning and while I'm biased and I may not see it from their point of view, after reading the summary I can't imagine anyone not agreeing to compensate us in some way.

We will accept either a full refund of the earnest money or to have them finish the home to our desire without charging anything additional. This would have to include fencing the backyard, and the standard landscape package. 

Based on their previous actions, I will be really surprised if they try to accommodate us in any fashion. I fully expect to look elsewhere for our future home and I'll also be surprised if we recover any money.

Calling it off

We're waiting to hear back from the builder, but we're essentially going to cancel the contract on the house. We have had a succession of problems with the house, mostly in that the house we requested in the beginning has slowly veered down a path of the builder's choosing and away from what we wanted.

The biggest problem (as I think I previously posted) was the kitchen layout being designed inadequately to accommodate what we wanted. We ultimately had to give up an additional countertop/cabinet extension we requested because they simply failed to design the room to fit our request. The frustration is compounded by the the amount of time I spent researching kitchen layouts until I found a picture that not only explicitly showed what I wanted, but also would have fit their pre-existing design without too much adjustment. 

Essentially we've learned that when building a custom home, you better make sure that all (and I mean ALL) of your preferences are very precisely described and documented in your contract or you will not get them. We had the same issue with the type of flooring (we wanted 5in hand scraped and they only included 3in, so we had to pay more), the outdoor kitchen (we requested a kitchen and showed them a picture of what we wanted, but we didn't get them to print "barbecue grill" specifically, so we had to pay for that ourselves), the size of the back patio (we originally had the home theater pointing towards the back of the property but we changed the alignment by 90 degrees and in the process lost a big chunk of porch space that the builder failed to correct and we ended up having to pay for additional concrete). They were also going to charge us more for lower height carpet in the home theater and bonus rooms although this was in our initial request (but not on the magical contract). 

There have been other issues as well and the consistent stance of the builder is that if it's not described specifically in the contract, it wasn't agreed upon and the buyer pays. This despite their promises that we could have all we were requesting in the initial meeting. We learned that those promises are empty if they're not on the contract. 

We haven't gotten their response yet, but I'm expecting they're going to withhold any of the upgrades after the contract (home theater bar, concrete, hardwood floors, stone) so we'll probably end up getting only $3-4K of our $11K earnest money.

Guitar Naming Conventions

I got this idea from someone on the AxeFx forum, but like all good ideas it's worth stealing. He named his guitars after his influences. I don't know why it never occurred to me before. Many guitarists name their guitars with female names which is cool in one way, but becomes a problem if you have more than one and it's not named after your significant other. So with that in mind, my guitars are going to be called:

(by the way, there will be no explanation. you either understand, or you don't)

Jimmy - Les Paul Custom
Eric - Strat (do not ask which Eric, sheesh)
Eddie - Suhr Modern. (If I ever get around to buying an EVH model guitar, then this will be renamed Brian based on the color)
Tommy - PRS Acoustic
Geddy - Jazz Bass

Swiss - JT Variax