What you're describing sounds like a fissure. Could you post a photo so we could see?

I have a wave design granite and has a few fissures. I can feel them but when looking at an angle along the countertop, I can't see them much. A scratch however, will show up among the gloss of the countertop when you look at a side view.

Fissures were naturally formed and if it didn't cracked while being processed, than, most likely it's alright, no crumbling.

A crack on the other hand is the opposite and you'd need to address the issue to your GC.

All you need to do is close but hold back money until the granite is fixed. The sellers attorney will resist but tell them you won't close unless money is held back. The funds will go into Escrow with your attorney, pending a satisfactory repair.
Donna

Thanks for the responses. I'll try to take a picture tomorrow, but I wasn't able to see it with my eyes. Maybe if I get at a different angle with light reflecting or something. I could only feel it, though.

Donna - seriously??? I didn't know you could do that. I'm pretty sure there will be a huge unfinished list, so even if the granite is okay, this would be helpful. I'll ask my realtor about it. Thanks!

Don't ask the realtor, they don't want any reason to delay a closing. Tell your lawyer that you have a list of unfinished items and you insist on holding funds in escrow until these are finished. If you close with an open punch list, the chance of getting those items done are only as good as your builders reputation. I know, I went through it.

Also, if he didn't pay his subs you will get their bills and they will be yours to pay or your house will have a lein on it.

Donna

Yes you can withhold money but sellers don't like it. If you have big serious issues then you should withhold enough to make sure they fix it or else delay the closing. Talk to your attorney, not the realtor - unless you have a buyer's realtor which is not that common, the realtor represents the seller, not you.

If it is a fissure, it wouldn't be fair to withhold money. have a stone restoration professional look at it.

You were advised to contact your atty and you replied that you would contact your realtor. Reassure me that you are not doing this without an Atty? If your banks Atty is acting as yours also, which many people do, contact them. If a stone restoration professional NOT affiliated with the sellers can not give you an opinion before the closing, money can be held until that can happen. It is not THAT big a deal, esp. if it turns out to be just a fissure. As soon as you know that, the money can be released, and it need not drag out over a long period od time. Remember, if the installer is pressured by the builder, they could pass it off as nothing, even if it is. Please call a local place to look at it that is neutral, and the installer can look at it also. At least you will know you are getting an unbiased opinion. If this installer gets a lot of business from this builder, and does all that builders houses, he/she may be very honest, but also should be considered to work for the seller and not necessarily to be unbiased.

Sue

You are closing with a punch list of unfinished items and no escrow? Once the builder gets his check he has absolutely no incentive to finish the rest of the items. He may be a wonderful, responsible guy but you still need to protect yourself financially. Many wonderful people turn into unavailable jerks after they get their checks.

listen to deee.
We closed with outstanding items on our punch list and guess what? They were never finished. Once you close the house is yours, flaws and all. The builder has zero incentive to come back and fix them. A good closing attorney is not expensive but VERY necessary. This is business and it's a tough world out there so protect yourself.
Donna

Auburnfan-

The rest of the folks that have responded
on this have all given you excellent advice...

DO NOT SIGN OFF on this issue UNLESS YOU ARE SATISFIED!!!

Money Talks and "ca-ca" walks...

You will be AMAZED at how much OUTSTANDING
service and attention you will receive IF you
HAVE NOT released FUNDS on the home.

IF what you have is a fissure, take your complaint up
with God - he made the stone that way - there's not
a whole lot ANY Fabricator can do to make that fissure
"go away" -
but, we can use penetrating glue to seal and
strengthen the fissure -
chances are, IF it's a fissure,
you nave nothing to worry about structurally.

There is, however, the aesthetic issues of -
you know it's there,
you can see it,
you may be able to feel it,
it may or may not "bug" you,
and
you want it "minimalized".

This can be done to some
extent by surface polsihing the area to remove any lippage
that may be present if the fissure opened up during transport/install.
Surface polsihing is a skill that has to be aquired -
not just anybody can show up and "do the task"....

We train people how to do this process at AZ School of Rock,
and there are a few other groups that teach this
process as well -
BUT, regardless of where or how somone has learned
this technique - they need to be proficient at it,
and
IF this is going to be a remedy in your situation,
If I were you, I'd want to see and feel some finished examples
of what their work looks like -
BEFORE they attempt a re-polish on your kitchen.

Repolishing is done on seams that are bowed and have
lippage as well, so the good news is -
there is a positive resolution for your situation.

Check out the guy's references, and insist that they are
licensed, bonded & insured, AND IF they are members
of the MIA and SFA - you should be in really good hands.

hope that this helps

kevin

Kevin M. Padden MIA SFA
Fabricator, Trainer & Consultant to the Natural Stone Industry
www.azschoolofrock.com

Here is a link that might be useful: AZ School of Rock

Thanks for all the responses. The walk-through today was a disaster, and we probably will not close. I'm really sad, and I don't have the energy to respond to all the comments and questions, but I thank you for your help.

I do have my own (buyers)realtor who has represented us for 6 trasactions and who I trust very much. I don't have an attorney. To be honest, I've never known anyone to have their own attorney for buying or selling a home. There's always just been one at the closing.

At this point, I don't think we're going to close tomorrow. The place is just not finished and the granite is the least of the problems. I did try to take a photo, but I don't think the crack will show in it. I was wrong about only being able to feel it, though. I can also see it. It doesn't look bad or anything, so I was only worried about it crumbling later. The construction manager said something about them filling it with silicone, but to be honest, I was so upset about everything else at that point that I couldn't really concentrate on that.

Anyway, sorry for the whining! It's just so disappointing to be delaying this yet again and living out of boxes during Christmas.

Wow, that's too bad. It might vary from place to place but most people I know use a lawyer for a closing. A house is probably the biggest purchase you're ever going to make and it's worth having your interests represented. Some people rely on the bank's attorney, but his only concern is the bank's interest which may not always coincide with yours. Anyway, good luck.

I've bought two homes in my lifetime, and both times I had my own attorney, as well as when I sold. The realtor is out for the realtor, and no one else. If that benefits you, fine. If it doesn't, fine. You need to have someone to make sure YOU'RE not getting shafted.

As Weissman said, it varies from place to place. It's standard in California to have a buyer's agent working under a broker and attorneys are rarely used for a simple house sale/purchase. If the seller's agent even works for a different office of the same firm they are required to present a disclosure. If both parties are represented by the same agent they have to sign waivers. Agents and brokers must be licensed and have educational requirements, however, and just like attorneys, most are discharging their fiduciary duty to represent your interests and the rest are lazy, incompetent, or criminal.

That said, Auburnfan, I'm so sorry about your delay! Sending you a ((((HUG)))). You did the right thing. It's a pain. But good thoughts coming your way that they finish, that they clean up all the little things that need doing, and clean the house! And that when you do close, everything will be nice and lovely and will be as good as this part is bad.

Having a closing attorney does vary from state to state. We moved to FL 14 years ago and have purchased much real estate and closing are usually done here by Title Companies - not attorneys.

In the scheme of things, even if it is not usual or common in your area, hiring an attorney for $500-$1000 to protect your interests and make sure all lien waivers etc are present, is WELL WORTH THE MONEY. A realtor either doesn't know or couldn't care. They just want their commission as soon as possible - even the buyer realtors.

DO NOT close without lien waivers from EVERY sub. Believe me! Our attorney insisted on these and it's a good thing he did as there were still disputed bills between the builder and plumber (Sheesh what is it with plumbers - we had the same problem in our kitchen - amazing what this board makes you remember LOL) and we could have been stuck with that as well.

And don't let them fill that spot with silicone!