Refund Dispute With Builder

Summary

Lauren Andrews paid a $1,000 refundable deposit to Freedom Homes for a double wide. She decided not to proceed due to cost. The company used her deposit for contractor work and obtaining a building permit. Despite not signing to close, they are refusing to refund her money. She has a text message from the salesperson stating the deposit is refundable. She did not receive any written documentation from Freedom Homes stating that her deposit would be used for the building permit, land title, and contractors work.

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In march i was in the process of getting a double wide. I have changed my mine cause of the cost. I had to put *,*.* down which was told to me it was refundable if i chooses not to go on with the process. Now im told they used my *,*.* to pay for there contractor to dig my drain box up $*.*. Then went ahead and got a building permit on June * *. It got approved today. Also charged for a title of the property which my mother and father are on it, and the property is not even paid for. My bame was add on the the property and had to wait 6 months which end of August was 6 months. Before September came i told them ive changed my mine on fetting the house. So now they telling me that I'm not getting nothing back. Which does not make since when i have not signed to close.
Did you sign any contract or agreement when you paid the $*,* down payment?
Yes which it states refund if i choose not to go forward
What is the exact wording in the contract regarding the refund of your down payment?
I signed a deposit retention notice
What does the deposit retention notice specifically state about the conditions under which the deposit would be refunded?
It does nt
What state are you in? This will help me provide the most accurate information regarding your legal issue.
It doesn't say in the contract but i have a text message from the sales guy stating the *,*.* is refundable if things dont work out
What is the location of the property and the sales company?
Virginia Campbell County
What is the name of the sales company you dealt with?
Freedom homes is in Roanoke, Virginia
What is the exact wording of the text message from the sales guy regarding the refundability of your deposit?
So the biggest thing is whatever steps you want to take next! If everything looks good we can go ahead and get things moving forward! The only thing I need is the $*,* good faith deposit that is fully refundable if things don't workout
Did you communicate your decision to not proceed with the purchase in writing to Freedom Homes?
Verbal and text. Even talked with the lender
What was the response from Freedom Homes when you communicated your decision not to proceed with the purchase?
Told me he would get ba k with me on how much they would give me back. Said they use my money for there contractor to dig my drain box. I had to call today to see what was going on now they saying all my money is gone.
What is the date and content of the last communication you had with Freedom Homes regarding your refund?
Today */* at *:12am
What was the exact content of your last communication with Freedom Homes regarding your refund?
*/* @ *:* am i called them
What was the response from Freedom Homes when you called them on */* at *:* am?
I was told that theres no money to refund.
What was the exact wording of the contract you signed regarding the refundability of the deposit?
On the contract it does not say
What was the exact wording of the text message where the salesperson mentioned the refundability of your deposit?
This is what he sent me.So the biggest thing is whatever steps you want to take next! If everything looks good we can go ahead and get things moving forward! The only thing I need is the $*,* good faith deposit that is fully refundable if things don't workout
Did you save the text message where the salesperson mentioned the refundability of your deposit? It could be crucial evidence.
Yes i did.
What was the date of the text message where the salesperson mentioned the refundability of your deposit?
March *, * @ *:57pm
What was the date when you communicated your decision to not proceed with the purchase to Freedom Homes?
September *, *
What was the response from Freedom Homes when you communicated your decision not to proceed with the purchase on September *, *?
He would get back to me on my refund. I didnt hear anything until i called today.
What was the response from Freedom Homes when you called them today regarding your refund?
He told me theres no money to refund cause they used it.
Did you receive any written confirmation from Freedom Homes acknowledging your decision to not proceed with the purchase?
No.
Did you receive any written documentation or receipts for the services they claim to have used your deposit for, such as the contractor's work or the building permit?
No.
What is the exact wording of the contract regarding the use of your deposit for services like contractor's work or building permit?
The saleman from freedom homes told me since they got the building permit, the tittle of the land, and there contactor. They used my money cause it was going get it back from the loan.
Did you receive any written documentation from Freedom Homes stating that your deposit would be used for the building permit, land title, and contractor's work?
No
What is the exact wording of the contract regarding the use of your deposit for services like contractor's work or building permit?
The contactor came was supposed to dig my spetic tank and drain box. But he only dug up my drain box.
Did you receive any written documentation or invoice from the contractor about the work done and the charges for it?
No
What is the exact wording of the contract regarding the use of your deposit for services like the contractor's work or building permit?
I didnt even know they had gotten a building permit, or the title of the land. Until today. And the land aint even paid off.
Did you receive any written documentation from Freedom Homes stating that your deposit would be used for the building permit, land title, and contractor's work?
No
What is the exact wording of the Deposit Retention Notice you signed?