Small claims court property failure, builder won't give money back?

  • Thread starter Thread starter JustMe
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JustMe

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My husband and I are going to small claims court tomorrow and we have no idea what we need to bring. We put a $500 dollar deposit down for the house, and then a $2500 building deposit. (It was a brand new home.) The builder represented it as an FHA approved home, but we had it appraised and it didn't approve. There was a power poll too close to the home, thus making it not be able to go FHA. The builder now refuses to give us our $3000 deposit and that is why we are going to small claims. We already tried to go to mediation. They refused every person we recommended, so we just said see you in court and filled all the paper work. We have a letter from the first Mediator, saying how we tried to go to mediation and that they were not complying with anything we asked and would not even show up to Mediation. This letter is strong on our behalf, we will be bringing this letter. What else will we need to bring? Thank you so much for all your help it is much appreciated!
 
Bring anything that you have showing where the builder agreed to build an FHA approved home, and then whatever you have in writing from FHA showing it was not approved. That should be enough to prove your breach of contract. If you have any witnesses to him saying the home would be FHA approved, bring them too! Sounds like he probably can't get the house sold with the economy and he is trying to make you pay for his mistake. Good luck, I hope you get your money back plus court costs and damages!
 
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