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NVR rep said because we chose an outside lender we can't get the $7500 closing cost assistance but she said she would "try tooth and nail to fight for us". This was after I threatned to call their regional VP about the situation. I have an e-mail from our sales rep stating clear is day we would get the $7500 if NVR couldn't approve us. They approved us for an amount lower than what we wanted and attempted to force us to take out upgrades. We found an outside lender that approved us. Do I have a case here?
Based on what I read in your email, it sounds like you can fight for it, but you may not have much of a case.
You stated, "get the $7500 if NVR couldn't approve us."
You then stated, "They approved us for an amount ..."
So in black and white, it looks like they approved you, you didn't like the approval, and went elsewhere.
I don't know the details of why the lower amount was unsatisfactory and everything else that happened (it sounds like it was quite a bit), but NVR might have a legal leg to stand on.
You can always fight for what you - the closing assistance - and maybe a compromise will be reached or maybe you will receive it all. Let us know.
Stick to your guns about the seller cc.
Show them that the loan approval you have is better. I had this same arguement with Rutenburg Homes (a divison of US Homes) on a personal home purchase of mine and they caved and paid the contribution called for in the contract. My contract read the same thing yours did....
I would find out if loan steering is illegal in your state.
I had to get a little pushy to get our cash discounts against the closing costs that we were promised...eventually, they were included as an addendum to our contract. Good luck to you Mr. Chairman, i know you've been trying to get all this taken care of with Ryan and NVR for some time and i hope it works out completely in your favor.
Thanks for the encouragement foo. My wife and I went by the house yesterday and everything is looking great. Just dealing with these jokers are the difficult part.