If you make enough "noise" they will change your lot. Getting your money back is a whole other question. When we had a problem with what was happening with the Rec ctr A/C unit, we asked for our money back several times. The answer was NO REFUNDS. After some unfriendly discussion, they agreed to move us and build on another lot. You could "sue" but, the developer has deep pockets and your "playing in his ball park".