Morning Call - 83 properties within Whitfield Estates going on the block on Feb. 10

[administrator]

THP to sell lots in Upper Macungie development - themorningcall.com

[Anthony]

For lots that are up for auction, if another builder buys them, can they put up whatever they want? Are they limited to the house designs that THP offered?

[smm437]

Originally Posted by Anthony

For lots that are up for auction, if another builder buys them, can they put up whatever they want? Are they limited to the house designs that THP offered?

Since the AOS is transferrable, I would assume that the following is still valid. Paragraph 8 in my AOS, which is for one of the lots currently for sale at Whitfield, states that the "house shall be completed substatially similar to the sample house which is situated in accordance with the Community Plan and shall be in accordance with the 'Standard Features' list attached hereto and..." legal jargon.

It goes on to say that "a. If no sample house exists, the house to be constructed will be substantially similar to the floor plans and elevations shown on the sales brochure for the applicable model."

So, my answer is no, they can't just put up whatever they want. But they must build something substantially similar, whatever that means. Depending on what the new builder offers, if there is a new builder to make offerings, I will be talking to our attorney to see if there is a way to get our money refunded on the basis that the floor plan is not substantially similar to the model we chose.

[LeftHanging]

Originally Posted by smm437

Since the AOS is transferrable, I would assume that the following is still valid. Paragraph 8 in my AOS, which is for one of the lots currently for sale at Whitfield, states that the "house shall be completed substatially similar to the sample house which is situated in accordance with the Community Plan and shall be in accordance with the 'Standard Features' list attached hereto and..." legal jargon.

It goes on to say that "a. If no sample house exists, the house to be constructed will be substantially similar to the floor plans and elevations shown on the sales brochure for the applicable model."

So, my answer is no, they can't just put up whatever they want. But they must build something substantially similar, whatever that means. Depending on what the new builder offers, if there is a new builder to make offerings, I will be talking to our attorney to see if there is a way to get our money refunded on the basis that the floor plan is not substantially similar to the model we chose.

I like your last part if there is a new builder to make offerings, I will be talking to our attorney to see if there is a way to get our money refunded on the basis that the floor plan is not substantially similar to the model we chose

I will keep that in mind if that happens to us.

[Noklu]

The other builder would build his own standard model. Any single family home, roughly the same size with a two car garage would be "substantially similar". Bear in mind, the other homes may be better than THP's homes.