Is It Legal For A Builder/lender To Push A First-time Buyer Into A 2-1 Buydown Trap With Zero Representation? Feeling Scammed In Ca
Location: Souther California
The Situation: I bought a new construction townhouse in Sept 2025. I am now realizing the house and loan are a financial disaster. I feel I was misled on multiple fronts and want to know if any of this crosses the line from "unethical" to "illegal."
The "No Agent" Pressure: My friend who show me the place told me, "You don't need a real estate agent for this, they will handle everything." I trusted him. I now realize I had zero representation. Is there any recourse for my friend or the builder for discouraging me from getting an agent?
The Loan Trap (2-1 Buydown): The lender (builder's preferred lender) rushed me via email saying "Lock rate NOW or lose it." They put me in a 2-1 Buydown (7.375% note rate). • The Issue: They never explained that with only 15% down, I would have insufficient equity to refinance in Year 3 when the payments explode to $6,000/mo. They sold me on "Date the rate, marry the house," knowing I wouldn't have the equity to divorce the rate. Is this a violation of "Ability to Repay" rules?
Construction Defects / Title 24 Issues: • Exhaust Fan: My bedroom has an exhaust fan that runs 24/7 (loud hum). I cannot turn it off. It causes sleep deprivation. • Water Heater: A tankless heater is mounted in a way that vibrates the wall of the living area/bedroom. • Noise: The unit faces a major avenue. The model home had music playing; my unit is deafeningly loud.
My Question: I know "Caveat Emptor" (Buyer Beware) applies, but does the combination of discouraging an agent, high-pressure lending tactics, and these livability issues constitute fraud or negligence? Or did I just sign my life away legally?
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