HENRICO COUNTY, Va. — With four dogs, a cat, and a rabbit, Domenick Casuccio and Ryan Withers' pets may be loving their new, spacious home in Henrico County even more than their owners. There's lots of room to play, roam, and lounge.
"We're very happy here, very comfortable here," Casuccio told CBS 6 from their living room in January.
But the road to get there came with some challenges.
CBS 6 first spoke with Casuccio and Withers back in October when their living quarters were a bit more cramped.
“We knew that we needed extra space. We obviously have pets," Casuccio said at the time.
It's one of the reasons why the engaged couple began looking for a new house, and they thought they had found it. They were so sure, they moved most of their belongings into boxes and storage as they anticipated the big move.
“We've been living out of crates upstairs. We have the bare minimum in the kitchen, a couple of bowls and some red solo cups," Casuccio said.
In June 2023, Casuccio and Withers entered into a purchase agreement with Hilton Rubin Inc., in which Hilton Rubin is the sole owner, to buy a newly constructed home in Henrico County with the goal of closing by the end of September.
Over that summer, the couple said they received consistent updates from the builder's realtor about how construction work was coming along.
Casuccio kept records of dozens of communications and documents and shared them with CBS 6.
“We would go by the house and peek in the windows and were like, ‘Oh, the sink was installed. Oh, the countertop – oh, look at this-- they added in whatever,'" Withers said.
In mid-September after a home inspection, the couple documented their final walkthrough of the house with Rubin and the realtors.
“I took that video to send to my parents and show them, ‘Oh, this is going to be a bedroom, this is going to be an office,'" Withers recalled.
On September 21, Casuccio and Withers sent Rubin an addendum requesting what they considered minor repairs stemming from the findings of the home inspection report.
Their requests included repairing a window, a gap in the shower tiles, damaged sections of vapor in the crawl space, excessive overhang on the roof, and cleaning construction debris on the HVAC units.
Casuccio said the repairs were "nothing crazy," adding, "that's why we're sitting here dumbfounded."
Dumbfounded – because they said Rubin never responded to their addendum or even negotiated the requested repairs.
The next communication they received was a notice to terminate the contract on October 1.
“We obviously wanted this home. We wanted to live in this home. We were willing to work with him," Casuccio said. "Why would you terminate it?”
The couple claimed Rubin did not give them an answer as to why he decided to terminate the contract.
CBS 6 reached out to Rubin with those questions.
While he did not agree to an interview, he said in an email that the couple's expectations were unreasonable and he was concerned he'd be unable to meet their demands.
"Unlike the realtors and other professionals involved, when I sell a home my contractual duties to the buyer do not simply end once the sale is complete. For a small business like mine, this means that it is vital that the relationship between a seller and buyer is a good fit. By the end of our relationship, I felt that Domenick and Ryan’s expectations were becoming increasingly unreasonable and that maintaining the relationship post-sale would not lead to healthy outcomes for either of us. I was concerned that I would be unable to meet their demands moving forward and that the relationship would deteriorate over time," Rubin said.
He added, "Domenick and Ryan are well aware of the reason the agreement was terminated."
However, when asked, Rubin did not provide those communications about why the agreement was terminated to CBS 6 and did not specify the unreasonable expectations.
He said not all communications were in writing and that the couple's realtor should have been keeping them informed.
In the contract between the buyers and Rubin, under a 'builder addendum' section, it stated that "if for any reason whatsoever," closing does not take place by September 30, the agreement can be voided by either party without penalty.
Rubin said this is a standard part of his contracts.
Speaking generally, Danna Markland, CEO of the Homebuilding Association of Richmond, said backout clauses like this started becoming more common in recent years amid the volatile pricing of construction materials.
She said they aim to benefit both the builder and the buyer.
“It's been reciprocal opportunities in actually allowing the buyer or the builder to get out of contracts if the reality of what's going on in the market changes so drastically," Markland said in an interview with CBS 6.
While she said the practice is not unusual, she added, “A contract is a contract. It's important to go through the details.”
Markland's advice to any buyer interested in new construction is to have open communication with the builders, many of whom she said have sales representatives to fine-tooth comb through the details of the contract with the customer.
"It's likely the biggest purchase or the biggest, most consequential contract that that buyer is going to make in their lifetime," Markland said.
It's a lesson Casuccio and Withers said they learned and hope others do too.
“We were really excited to start in a new space and really build a home together and completely destroyed for no reason," Casuccio said.
Despite feeling defeated, the couple did find another newly constructed home shortly after losing the contract with Rubin.
They started the process all over again and said they were able to move in without issues.
"It was a struggle to kind of push through and persevere," Casuccio said.
Of note, according to Henrico County records, a certificate of occupation for the initial home the couple wanted had not yet been issued before the closing date. However, the pending issues only required simple corrections.
The county said the certificate was later issued in November and sold to someone else.
Rubin is licensed through the state and has no record of disciplinary action from Virginia's regulatory board for contractors.
Both parties expressed that they lost money through this process.
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