@freedomcm - Thanks... goodlink--I read those too! (on IHB)...I figured I would give a more "updated" post. While none of those issues/analysis has changed (except for the fact that they emerged from bankruptcy in March of this year).
@irvinehomeowner - I suppose I can offer some additional insight. I hope they (corporate) read this and realize that although young, they didn't "pull one past me." I know exactly what they were trying to do, and frankly their "story" did not make sense.
Before I get into my observations, I'll state it again that these are my opinions and my recollection of my experiences.
- Sales agreement was very one-sided. My dad is retired and has been reading contracts and negotiating multi-million dollar deals for 35 years and he straight out said, they have some damn good lawyers and all the risk and liability is on the "Buyer." Sure, certain things are standard across all builders and my dad has seen other builder's agreements too, but i won't get into those details here. Lesson learned: READ every page of everything before you sign and be comfortable with the level of risk the builder is putting on you.
- I felt that I didn't know about all the disclosures until pretty far down the road. I also understand they are salespeople and need to make me emotionally attached, but okay, all said in done, I was interested and wanted to get everything out in the open. I didn't feel that it was freely offered, but rather, "hey, if this kid doesn't ask for it, we don't have to give it to him until the day that he comes in to sign the agreement and we are legally obligated to give the disclosures." Lesson learned: Ask for preliminary title reports and ALL community and property/lot disclosures. Find out who has easements on your property and to what degree (e.g. SCE for underground electrical wires, or AT&T for telecommunications, etc..)
- We had an issue with the front door lining up with the back door (bad feng shui). They assured me it wouldn't be a problem because other asian buyers requested it through the builder and they approved SLIGHT modifications to the back wall to accommodate them. We put in our request of having the back door shifted over and turned into a sliding door. They obliged and told us (via email) it would be $1k to do the change and we would have to put a $3k additional deposit in case we fell out of escrow and they had to convert it back. (all conditions we were okay with). a few days after, when I went in, they had a "sales meeting" that morning and corporate said nope, nevermind. we have another backup offer and they're willing to take the house as-is (usually builders don't use the whole "back up offer" bit when they have someone so close to contract). i'll get into that later... but lesson learned: get everything agreed upon in writing. If it's not in the agreement, chances are, you're not getting it no matter what they "said" to you.
- So back to the "back up offer"...at this point, I had put a check down to hold the lot for 7 days. in addition to claiming they had a backup offer, they also told me, they were going to have to close escrow by the end of 2011. They knew this was a sticking point because i made a big deal about having a close date of Feb/March 2012 (as stated on their literature) when i first walked in. So I felt that they picked the two "deal breakers" to get me to withdraw my offer and there is no back up offer. Why? Well right now, the lot I would have gotten is currently their parking lot to their sales office. So, playing the dumb, young person I am, I asked "So if your backup offer is willing to close by the end of the year, will you have the home in time (it was the 2nd week of August when this went down)??" She said, "yes." I had to probe more..."Well, that means you're going to tear down this parking lot and start grading today and still that would only give you 3.5 months to build a 1700 sq ft home AND pass inspections...hmm..that's fast." after an awkward silence, "yes, we can build a home in 4 months." [FYI, it's almost the end of August and they haven't moved as much as a pebble] Lesson Learned: when you encounter something shady and what sounds to be stories that don't match up and are untrue in your opinion, walk. It's not worth it and your gut is usually always right.
So that's exactly what I did; walked. Because of the lack of transparency, integrity, credibility, financial instability, ancient burial grounds, numerous registered sex offenders within a 1-2 mile radius, and protests from the wetlands conservation groups, for 800k-ish, it's just too much to take. And my gut was telling me no. So i picked up my check and walked right out. This was my experience and maybe it was isolated, but if you're going to go in there, bear in mind my lessons learned and ask the right questions. I did also always feel chastised for asking questions (esp about their agreement). So always do your due diligence and homework and be sure that this LARGE purchase is the right one for you and your family.
That is all. Any further details (not sure what else you could want), just PM me.
FWIW, I did find another place and went into contract yesterday. I'll post that, much more positive, experience later. My wrists hurt from typing that essay.