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We want you to know this is not “Buyer’s Remorse.” This was truly a case of irrevocable differences. Before signing at Poplar Place we visited on May 30. We were very clear with the salesperson, Pam Babcock, that we love finishes with color. We showed her pictures of our current home, did a video chat tour of our home, and repeatedly asked her if the design center could meet our needs and expectations. Her response was always, “Don’t worry. You will do that at the Design Center.” We believed her. We signed their 57 (!) page contract on May 31, 2023. Before we started the contract review, I told the salesperson I have severe cognitive damage from Multiple Sclerosis and was having trouble reading and understanding the contract. She promised she would be thorough. Later, we discovered that during the contract review, she skipped all the info on the Design Center and many other important details that impacted us.
Our Design Center Preview appointment was a disaster. I left there in tears. Every single choice was neutral. Grey, beige, or white. It was everything we had tried to prevent. Despite making many proposals at he design center to make the finishes work, every idea was met with “No. We don’t do that.” Despite that, we continued trying to make the contract work. We were literally begging for a solution.
We tried to talk to Josh Brockman, the Division Manager, but he would not speak with us. We spoke with Pam repeatedly. We asked for design center credits for things we did not want installed and we were never given an answer. Finally, Pam called and we scheduled a sit down meeting with her because she stated that she had spoken with Josh and had some information.
At the meeting, Pam went through the contract and pulled out any upgrades we had chosen to bring the price of the property down as far as she could. After showing us that, she explained that she and Josh had agreed we should close on the home with almost all standards and then “rip it up after closing to install your desired finishes.” We were appalled at this idea and very upset that, once again, Josh would not work with us.
Frankly, we became upset and sent a letter to everyone in upper management on June 24 at Fischer Homes detailing our experience. I admit it wasn’t the nicest letter (we regret that) but it was factual.
We asked for what we felt could be done and still meet CO requirements. We asked for mediation. We asked for anything that would help resolve the situation. In response, Mr. Brockman said no to everything and told us again that we would lose our deposit.
We still love the house at Poplar Place but we simply cannot close and then rip the home apart. It is just an untenable situation. But we also feel that it is terribly unfair for them to call this “Buyer’s Remorse” and for Fischer Homes to retain our deposit.
We have sent two cancellation letters to Fischer Homes legal department previously stating irrevocable differences (wish was true and would allow us to have our deposit returned) after it became obvious that Fischer would not help resolve this conflict.
While we would prefer to settle this amicably, no one seems to want to do that except us. First they say we are in default; we were not. Now they sent a letter saying it was buyers remorse. They ignored every single suggestion to resolve this amicably. We don’t want to continue to litigation or tell our story on social media. We just want everyone to agree that there are irrevocable differences with Fischer Homes. Fischer refunds our deposit and we will quietly walk away.
That $5,000 means more to us than many people as I am permanently disabled and unable to work. We have been saving for this home for a long time because we need a one level home due to my disability. I suspect the salesperson used that thinking we would not cancel. The cancellation letter they sent was completely unacceptable.
Please help us to resolve this and get our deposit back.
