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North Texas Family is Homeless After Builder Backs Out of Contract

Amirah HameedAmirah Hameed28 CommentsNo tags
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A north Texas couple has filed a lawsuit after a home-builder backed out of a contract, leaving them homeless.

Tracey and Donnell Brundage were 6 days away from closing on the house they spent 16 months building. They managed months of supply chain delays and spent thousands in escrow, just to have the builder back out of the contract last minute.

The Brundage’s received a text message from the builder saying, “I hate to be the bearer of bad news, but Glacier Homes/Kindred Homes has decided to terminate the sales contract with you dated 12/15/2020.”

The contract the family signed in 2020 for their future Oak Leaf, Tx home states, “Seller maintains the right to terminate this contract for convenience and without regard to fault or breach.”

Which is exactly what they did. The company terminated the contract and placed the house on the market for $300,000 more than the Brundages contracted to buy it for.

Tracey, Donnell and their two children, ages 1 and 4, have been staying in an Airbnb since January, after they sold their home.

A lawsuit the couple has filed against Horton Capital Properties alleges the builder, “coerced the Brundages to sell their home under threat that the building project would not continue and in reliance that Glacier would deliver the final building project.”

The builder had sent the couple an email back in September 2021 reminding them, “you need to go ahead and start working on getting your house sold.”

The contract the family signed also states that they would be waiving their right to a jury trial and are unable to sue. The family is hoping, however; that a judge will look at the language of the contract and decide that it is so one-sided and should not be enforced.



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Amirah Hameed

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