I mentioned the other day I had been getting some very candid mail on buyer experiences, and was given permission to share this one. I have edited out just a few sentences, but otherwise kept it intact. One important item to note is that Lyles, the sales manager that initially sold to this buyer, is NOT MCL. She was with Churchill, the previous developer that eventually sold to MCL.
When I was using the emotional charged words like “beyond the pale” the other day, this was one (I have more) of the situations I was referring to. I want to thank again the contributor for sharing this with us.
My wife and I put money down January 2005 and were told early 2007 for a closing date. As we all know, delay after delay and they took 3 1/2 years longer than promised. Some years ago when the second half of the deposits were due, I told Lyles (previous sales manager) we were no longer able to follow through on the contract due to the delays and wanted out. She told me (verbally only, I wish I had it in writing!) that in order to get the full deposit back I first had to send in the 2nd half or else the first half of the deposit would be forfeited. I sent in the second half of the deposit for a total of 10% of the purchase price, along with the papers Lyles told me I had to sign. Then I requested a refund and was told it was not available because I signed the new papers they sent. I wonder if anyone was lied to in this fashion. Obviously, I should have had a lawyer look things over rather than take the word of the Sales Office. So for the last 3 years I have communicated with various ones in the Sales Office and at the corporate office in Chicago to try to figure out how to cancel the contract. They have told me the only way is to find a buyer to assume my contract.
I feel holding someone’s deposit hostage for nearly 6 years is unacceptable. If we were delivered a unit after only 2 years as promised, we would have been happy to follow through. But after 6 years things in life change for us all. The delays were their fault and we should not be held responsible. I can’t imagine any court would not agree that this is patently unfair. Combine this with the bait-and-switch they did to coerce me to send the second half of the deposit, and then renege on the opportunity I was promised to get a deposit refund, and I feel enough shadiness went on to warrant legal action.