ComplaintsforBozeman Homes, Inc

• Initial Complaint

  08/20/2022

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  ***** Bozeman was building a house at ************************************************************************************** and agreed in contract to a price of $265K in September of 2021. He delayed the finish and stopped communicating. When he finally talked, he wanted an additional $100K for the house even though he was in a legal contract with us to sell it for $265K. He then dropped his original Realtor that listed the property and went with another Realtor and is selling the house to someone else even though he is still in contract with us. We tried multiple times to negotiate with him and we were willing to give him a little more money for the house but he refused to talk to us. He acted in an illegal way of business and unethical business practice. He has caused us much metal stress, disappointment and expense that we want him to compensate us for it.

  Business response

  08/30/2022

  08/29/2022
  Bozeman Homes Inc.
  *********. 9. 33525
  To: Setter Business Bureau
  2655 ************************
  **********, **. 33759
  Re; Case # ********: *************************
  I received your notification August 27, 2022 and am faxing you my response. Please find the
  following information:
  "As Is" Residential Contract for Sale and Purchase dated 9/29/21 between ***** and ********
  Bozeman, Sellers, and ********************** and **************** (anger, Buyers
  in the amount of S265,000.OD under construction (framing stage) at ********************************************************************************. The contract included a closing date of 1/14/22
  and excluded the purchase of the stove, refrigator and dishwasher. Italso includes as item G on
  page 8 Force Majeure".
  Addendum to Contact dated 1/14/22 extending above contract to 2/28/22 per Force Majeure
  which provides, first a 7 day, then a 30 day extension. It continues 'then
  either party may terminate this contract by delivering written notice to the other and the deposit shall be refunded to Buyer, thereby releasing Buyer and Seller from
  all further obligations under this contract."
  The Contract states that "Force Majeure" means: hurricanes, floods, exteme weather, earthquakes,
  fire, or other acts of God, unusual transportation delays, or wars, insurrection, or acts of terrorism, which, by exercise of reasonable diligent effort, the non-perfoming
  party is unable in whole or part to prevent or overcome."
  The Builder did an "As-Built" Cost Analysis on the home and delays resulting in increased cost of
  approximately $100,000.00. An example of which were the windows that were initially delayed 13 weeks. Just before they were scheduled to be delived they were delayed an additional 14 weeks.
  On or about 3/1/22 my realtor, with the buyers realtor attending, iniated a "zoom call" from **************************************************************************************** between ***** Bozeman, Builder and ********************** and *************************** Buyers. They were told that the Contract was not being extended due to market condiditions including supply chain issues, product unavailability, transportation delays, labor shortages and cost over runs causing a Force Mejeure". After the zoom call the Sellers Realtor
  was instructed to return the Buyers deposit. The Buyers refused to sign the Release and
  Cancellation of Contract to get their $2,500.00 deposit back. The Sellers signed 7/11722.
  ************************** of the **************** wrote a Certified Letter dated 3/16/22 to Sellers on
  behalf of Buyers demanding that Sellers respond within 10 days or
  face litigation. The house was not completed. **************** also stated his clients have a binding
  contract for $265,000.00 and do not agree to pay an additional
  $100,000.00. Sellers were not aware that they had demanded an additional $100,000.00.
  Sellers contacted their attorney and were advised not to talk to ******
  except Through counsel or their realtor ONLY>
  Negotations continued Sellers eventually offered $325,000.00. On 05/23/22 ************** texted
  offering $30000000 for the house. On July 17, 2022 Via telephone
  Builder offered to build the same house on a larger lot for $300,000.00. 7/22/22 **** *****
  texted 'We will release you from the contract for 10K or you will sell the
  house to us at the original agreed price in the contract for $265K'. 3/1/22 **** ***** texted 10K
  to get you out of Contract". Letter mailed 8/8/22 started "Why didn't you sell The home to us? Signed by **********. Hernando County issued Certificate of Occupation on 8/16/22.
  There has been much communication between Sellers, Buyers, 2 RealtorE and Attorneys. The
  pertinent facts are shown above. I have tried to be brief. The buyer's complaint correctly described the Contact date and price.. The correct facts are set forth above.
  
  Thank you for your consideration
  ***** Bozeman President
  Bozeman Homes Inc
  
  See Attachment/File: Business Response.pdf

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