How to handle my cabinet situation

[BuilderProblems]

I've been fighting with my builder for two months now regarding a cabinet upgrade I purchased believing the upgraded doors were solid wood. I asked the sales person to confirm (though now I wish I had it in writing). The builder upgrade sheet did not disclose if they were solid or not. She gave me the manufacturers website and I confirmed the solid wood door construction there. So I purchased the upgrade.

A month after I move in, I discover they are veneer when I have a need to cut into the center panel of one of the doors. I feel lied to, and I reported it to the builder asking for my upgrade fee returned. They check with purchasing who confirms that the builder knew they were not solid wood all along (perhaps not training their sales staff properly, I don't know). Top that with the fact that the manufacturer website was wrong and I screen capped it and sent it to the builder

So now the builder is not taking any responsibility for any of this and they have pushed the manufacturer to offer me replacement doors with a particular model or roughly 40% of the upgrade cost I paid to the builder. The builder themselves is offering nothing, even though I asked them to at least reimburse the difference. I'm sick over the fact that the builder is offering nothing, not even an acknowledgment of any wrong-doing or taking any responsibility for a product they sold to me.

So do I let the manufacture replace the doors with solid wood doors even though they are still not my taste and have no better warranty associated (5 years, never heard of such a thing....my old doors had lifetime warranties) or, Do I take the money even though it's nowhere close to what I paid to the builder. Or do I continue to escalate with the builder? File a consumer protection complaint? Write the CEO?

Honestly, i was bullied by the construction supervisor during my build, and reported it, my exterior drainage and landscaping is not done yet, and I don't want more construction in my house, I'm tired. I want the upgrade cost refunded and I want the builder to take responsibility for the products they are selling and in 5 years after the warranty period of my doors expires I'll go buy the doors of the quality/style I want. We are not talking a ton of money, I honestly don't understand why they won't budge except now they have my money so they feel like they are doing me a favor by pressuring the manufacturer. What do I do?

 

[Michael Wechsler]

It's a tough question to answer. We don't know the details, just some of your representations.

First, it's unclear whether you believe outright fraud was committed, e.g. selling you real wood when all you were getting were veneers and plasterboard inside. Part of the challenge you'll face is that the manufacturer had misinformation for the product on their own website. The real question is who should pay for the error? A sub-question is whether you should have known that the price was far too low for it to be real wood. In contract law, this is a question of a mutual mistake of fact -- or was it?

It's difficult to answer and only you can make that decision. You have remedies and nobody will painlessly just put you in the position you should have been in and you feel you should have been in. There is court, which may or may not be a small claims court matter. And even that will involve effort. If you have a compromise settlement, you may be well served by taking it, especially if it doesn't prevent you from other remedies. If the cost to upgrade was so significant then, to be honest, I don't know how you weren't on notice that you should investigate with certainty before signing the contract. it's something to consider.

If you feel there was actual fraud, then report it to the department of consumer affairs, the BBB and the state attorney general. But be very certain that this is the case and not just you feeling frustrated. And if your remedies don't preclude you from doing so, then consider them reasonably good options and be thankful you have a first world problem. If you've got money to invest, retain an attorney and let him or her handle the bulk of the dispute. Otherwise, make a decision that provides you with the greatest return and least anguish - in my humble opinion. Good luck.