St Louis, MO asked in Construction Law and Contracts for Missouri

Q: Can a RE developer email a price hike and it be valid when the contract calls for them to send certified mail?

I'm 2 weeks away from closing on a new build in a subdivision. The developer just emailed me a $9k increase due to "surplus charges". According to their contract, they must send via certified mail. We, the buyer, get to say if we can to pay or cancel via certified mail. Is an email enough for them to send? They say it's for overages, COVID, rock removal, ect.. But we didn't have rock on our lot.

We have already given them appliances and lights that we purchased to put inside the home and they are already installed. So how do we get our money back from that? If we cancel as well?

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1 Lawyer Answer
Ronald J. Eisenberg
Ronald J. Eisenberg
  • Chesterfield, MO
  • Licensed in Missouri

A: The answer depends upon whether the court would strictly enforce the notice requirement. I would think that a court would or should enforce the contract as written, but no attorney is going to be able to tell with certainty how a judge would rule.

I suggest that you hire a local attorney to negotiate on your behalf. Apart from the notice issue, an attorney would need to review the contact.

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