WITT CONSTRUCTION INC

Description of Work: I was a new resident of Saratoga Springs, NY and was introduced to Witt Construction as a prospective buyer. Around 2005, I contracted to purchase a new construction condo. Since the market declined, the overall builiding was never advanced to fruition. Eventually I asked for return of my security deposit which I timely received. I decided to continue looking for new construction and fell in love with a new home built by Witt Construction- price- $700,000.00. Upon inquiry I asked Witt if he would build an exact replica on a lot across the street from the subject property- knowing that my limit as a single person was $700,000.00. Answering affirmatively, I signed a deposit agreement whereby I paid $7000.00 to begin the process and to secure the lot from prospective purchasers. Within seconds of signing the deposit agreement, I asked Witt to refrain from any architectural designs until our signed pricing was in place. He agreed. From that point, the price rose approximately $150,000.00- 200,000.00 more than the exhibited home with many subtracted features. The presented Witt contract was ambigous and open ended. I began to complain incessantly concerning the open ended terms and pricing and deletion of many upgrades. I complained that I would be unable to qualify at such an increase and that he was pricing the home out of my price point. I demanded to know why, in a declining market, this particular contract was being so inflated. I called Witt from NY, Maryland, Colorado...I did not want the comparables (exact homes!!!)on the same street to have such value disparity. I hypothesized to him that if the owner of the spec home that I admired died and I died at the same time- our homes would go into probate with mine looking overpriced and ridiculous for the market. Witt did not care. During one conversation he reminded me that I signed a non-refundable deposit agreement (the lot security agreement). I reminded him that his pricing increase was not done in good faith with an essence of honesty in fact and fair dealing. He did not care. I asked him point blank how many times he did this to consumers and he responded with bold arrogance: "as often as I can." (Note: A local dentist was attempting to have his $8000.00 deposit returned for the same reasons. He did not push as hard as I for fairness).I am licensed in another state as a real estate attorney litigating matters such as this. When I was procuring this sale, I left my lawyer hat home and put my trusting hat on. DON'T DO THAT. I ultimately filed a claim in small claims court in the City of Saratoga Courthouse for return of my deposit due to the unfair increase. Walking into the courthouse a judge named Judge Wait greeted Witt openly and asked: "Hey, John what are you doing here?" Witt responded and pointed at me and said: "This woman is suing me." I realized immdediately that I was in a Mayberry RFD situation with a definite conflict of interest. Judge Wait motioned us to mediation. I quietly observed this idocracy/conflict with disgust. I wanted to propel myself back to the Beltway....but....in mediation, Witt signed a document stating that he would return $3500.00 of my deposit at $500 per month. He complained that he had architectural drawings created on my behalf which he presented. True- to a point. He ended up using the same design in another location- his Cherry Tree (Field?) development and had utilized the near exact depictions in the initial home that I viewed. In the mediation he refused to return the remaining $3500 unless he built the exact home on the exact lot that my home was to sit. I pathetically knew he would not be building that particular home on that particular lot- I knew he would just shimmy away from the mediation agreement with application of other plans. I would not suggest contracting with this builder. Go elsewhere or have the best real estate lawyer in NY deal directly with him. Make HIM put down a deposit!!!Tighten up the terms, tighten up the pricing, put the onus on him to perform and stay away from the Saratoga City Court- true conflict of interest in there. Good luck.