Homebuyer sues, claims builder undermined contract hoping to make more money in hot market

SHERRILLS FORD, N.C. — Megan Brusca signed a contract to buy a new home in Sherrills Ford, but she claims the builder sabotaged the deal once he thought he could sell the house to someone else for a higher price.

It’s a nice house in Magnolia Cove and Brusca said it was supposed to be hers. She was supposed to close on it more than a year ago, but the house wasn’t ready.

“Holding my breath. Wishing for the best … trying to be open-minded, thinking maybe this is going to work out,” she said.

Brusca said she waited seven more months, but the house still wasn’t finished. They set a new closing date, but the builder did not show up.

She and her lawyer believe the builder saw what a hot seller’s market it was, thought he could do better, and wanted to frustrate her so she’d want out and he could sell the house to someone else for a higher price.

“No builder comes out and says I can sell the home for more money, right? So they always … have to try to find some sort of reason to back out or delay the contract,” Brusca’s lawyer, Adam Hocutt, said.

Brusca said the lender even got testy with the builder at one point, emailing him that every delay had been his fault. “This is 100% on you. Make this right,” he emailed the builder.

“My goal is to get the house,” Brusca said. “(It’s) just not something you expect to go through (in) a process that should be a joyful process for getting a house.”

The builder named in the lawsuit is Aaron Guess. His lawyer told Action 9′s Jason Stoogenke they won’t comment on pending litigation. Stoogenke still wanted to get their side of the story so he read the legal answer they filed. They denied most of the claims, which Stoogenke said is common, including the one about trying to get out of the deal to get a higher price.

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