Q: can we have our $10k lot premium fee refunded?
we had a home built and moved in 5/4/17. It has been a nightmare! less than 60 days moving in there were two cracks in the exterior foundation and several in the basement floor foundation. where the walls meet to a corner in the house they are are all splitting/ separating and rows of nails are popping out in every room and ceiling of the home. the builder keeps telling me this is normal, but I know it is not for home less than a year old. Doors dont stay open. Also, the county informed us that the grading for the land is incorrect and it has caused flooding in our back and front yards. we told them we wanted a pool, but due to the erosion in the land we will never be able to get a pool. Can we legally request our $10 lot premium refunded ( the premium was not the down payment, the lot was consider a "Great" lot)
A:
You posted this as a Maryland question, but you appear to be from Virginia. I've handled cases of this type in both states, and the remedies are different. Either way, you are looking for a remedy of much more than the $10,000 lot premium if this was a violation of the Maryland or Virginia Consumer Protection Act. In Maryland, you potentially get damages and attorneys fees. In Virginia, it is much more likely to get treble damages, as well. You should set up a consult with a real estate lawyer before the statute of limitations expires.
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