Q: Discussed building a home with a builder. Can he charge me for time he spend with me when I decided not to build?
He hasn't begun the home at all. We were discussing the type of home we wanted. He provided us with a home plan we didn't like. He had us meet with his draftsman to possibly change some things, but we never made it to the stage of actually doing a final draft. He said he normally has clients sign a retention agreement and give him $1,000. This was mentioned after we told him we didn't want to build with him. We didn't see or sign and contracts or agreements.
A: I would argue that he was in the process of sales. If he did not have you execute any agreement and did not tell you that would would be charged, then I do not think he can expect you to pay. There was no "meeting of the minds". If you left with building plans I believe he may be able to charge for unjust enrichment, but I doubt if you left with any building plans.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
