I suppose since there is no record of what they actually did want, they probably don't have a lot of recourse. Even if the builder admits now that it's their fault, I assume if pushed they'd deny it.

I don't see that they have much of an option at this point. Is walking away an option? I assume they have a contract? Is there any chance they could grow to like the brick? I know it would be maddening, but if they don't have many other options... Hopefully others will have some advice.

Sounds like its a large builder and you don't own anything. Basically you might get a little but certainly not too much. I'm sure you're probably thinking you should get a hefty discount for their "mistake" - but its strictly a numbers game. Since this isn't a custom house they can't sell to someone else - then essentially they can take this and sell it to someone else who may actually like the brick. Granted that the economy is slow and no one wants to walk away from a done deal - the numbers justify only so much. So, basically you will have as much recourse as they think its financially worthwhile for them to keep the deal.

Now, the circumstances would be completely different if you actually owned the land and they had to get what was contractually bound or risk not getting paid. Then the numbers involved would be different.

"...the bricks matched what the computer said was supposed to go there..."

What does the signed contract say? It is the only thing that matters.

I had this happen to me about 15 yrs ago, when dealing with a tract builder. But, we had the brick called out in the contract. We threatened to walk, and were serious about it.

The builder made a number of upgrade concessions that made it worthwhile to continue. Then he proceeded to put on the wrong roof, wrong flooring, etc., all called out in the contract. We walked, and I told him I'd better see the refund on the earnest money, or I'd see him in court.

We got the money back, and a year later he was involved in a class action suit for substandard building practices.

I think he intended to build the house he wanted to build all along, using whatever materials he could get on the cheap. He gambled we wouldn't walk, and if it cost too much to keep us on the hook, he'd just sell it to someone else. That's the business I guess.

Short version,

1) Review the contract, see what the builder is on the hook to legally do.

2) If they otherwise would still accept the house, ask for compensatory upgrades. If he says no, then I'd review the contract, and see how much it will cost them to walk. Let him sell it to someone else.

There are lots of builders needing the work right now, there's probably some who might even do what they say. JMO.

I'll ask him to check the contract, but doubt it will be solid in his favor. They pointed to the brick used on the model home and said "We want that brick" (let's call it 'pink'), and the salesman wrote down "sunset brick"...

They did already ask for compensatory upgrades (enlarge the concrete patio pad), but the builder has said flat out "no".

They're reluctant to walk because this lot is the largest in the subdivision and they like everything else about the house. Plus, in this area, the market's not dead, just cautious.

We've built with the big tract builders before also. All colors should be specified and signed as part of the contract, unless the contract you signed doesn't let you choose. Let the contract be your guide. If it's vague, you're only option is to start legal proceedings.

In the future, all communications should be done through e-mail and snail mail to have a paper trail. Don't accept any verbal commitments from builders.

Don't assume anything about what the contract does or doesn't say until you read it.

Unfortunately I don't think they can do anything about it unless it is specified correctly in their contract. It is also likely that the builder might have switched brick contractors and no longer carry the color that is on the model house. A similar thing happened to my co-worker, but turns out they liked the brick better as their original choices they didn't really like any of them so had just picked the lesser of any evils to start with.

I don't know if the builder will even care if they said they'd walk. They will sell it to somebody else.