Awaiting feedback
We have been funneling all of our issues through our realtor including our intention to cancel. Yesterday we got a request from Royal Crest to summarize all of our problems with the home build. Reviewing old emails I typed up a 6 page narrative of what led us to request a cancellation of the contract. We sent it back through the realtor last night and we're waiting to hear their response. I don't have high expectations.
The bottom line is the contract states they can keep most of the earnest money with the exception of $1000 if we cancel and I honestly will be surprised if they agree to do anything that isn't legally required. I re-read my narrative this morning and while I'm biased and I may not see it from their point of view, after reading the summary I can't imagine anyone not agreeing to compensate us in some way.
We will accept either a full refund of the earnest money or to have them finish the home to our desire without charging anything additional. This would have to include fencing the backyard, and the standard landscape package.
Based on their previous actions, I will be really surprised if they try to accommodate us in any fashion. I fully expect to look elsewhere for our future home and I'll also be surprised if we recover any money.