New Home Sale Cancellation

[John Stepahn]

Hello everyone, 

I’ve got a quick question that may apply to many of you here. We were getting a new home built and after 8 months the builder cancelled our contract due to “disputes in quality”. Our original contract allowed them to cancel the contract via that clause but they needed to return our deposit. They have refused to return our deposit until we sign further agreements (NDA, confidentiality etc) which was never included or required in the original contract. They have listed our new home for sale and actively looking for a buyer. 

Now, can I record a memorandum of agreement for the home to our county’s recording office to cloud the title until I’m returned my money ? It’s been two months of asking them for our deposit back and they refuse until we sign more documents which our lawyer immediately said wasn’t required. I consulted with one other attorney and he also said we don’t need to sign anything per the wording of the original contract.