"but is there any legal action we should consider"

If you break shoes over this now, by the time the project is finished you will pay 10-fold for your efforts. Right worng or indifferent, anything you want to chnage will cost more money just because.................

Also I would agree with the above as far as leaving trees.

Leave it, for now. Once you've moved in clear out the underbrush. You will thank us later.

A tree line would be nice, no doubt but that's if I had a bigger yard. We have a large dog and a family and were told our backyard would be a specific size. It seems like the builder is simply being lazy to not clear out more.

I agree, it will ruffle feathers but why shouldn't I if I'm paying them a lot of money to build the home I want?

Read Millworkman's comment, again. Ruffle feathers and you'll pay throughout the build. It can be the timeline, change orders, materials, etc. Don't play that card at the beginning of the project.

Construction projects are full of hills and mountains on top of which you can fight your battle to the death on almost a weekly basis.

Is this the hill you want to fight and die on...?

Maybe ask if they can take an additional 15 feet instead?

I would normally agree about picking my fights because they'll find ways to make me pay more but we've already signed the purchase agreement and locked in the price. That being said, they don't have much leverage on me.

Did they say WHEN they would clear up to the property line?

They didn't specify when, but since they've started the foundation, I proactively asked if they were going to remove more of the trees and they answered no.

"That being said, they don't have much leverage on me."

OK, then.

That being said, they don't have much leverage on me.

I think you need a small dose of reality. You and your builder probably have what is called asymmetric information. Simply put, this means he knows a hell of a lot more about building houses than you do. You want a relationship with your builder so he can build your house at an acceptable profit with as little trouble as possible. In reality, you will have a relationship that is tense and filled with disagreements, but should still keep in mind that the goal is to make everyone happy.

It may well be true that you have your builder over a barrel if he put in writing that they were clearing to the property line, however, be careful about winning the battle and losing the war. When motivated, builders are pretty good about finding ways to make money. So maybe you win this fight only to have the builder cut a few corners later to recover that money, a home build can easily become death by a thousand cuts.

While this might not be typical, discussing getting a lawyer involved at this stage does make it more likely.

"He doesn't have much leverage on me." I'm sorry to say that I laughed out loud at that comment.

You say you are building in a neighborhood. Is there an HOA or covenants that may actually prohibit the removal of trees not necessary to the construction?

"...That being said, they don't have much leverage on me..."

Do you have any sense of how many ways a builder and his sub contractors can cut costs, provide less than adequate materials and workmanship, and laugh all the way to the bar each Friday afternoon?

Do you have any idea what they can leave in your walls and attic? Or not leave?

How many construction projects have you built?

I'd simply reply to the email and state that you expect them to honor the commitment made via email and ask if they will be doing this now, or as part of the landscaping later. It's possible they don't want to disturb the soil now - and turn it into a muddy mess.

I would wait to address this before landscaping goes in. Feathers are better ruffled at the end of a project than the beginning. Also the brush and trees right now my be necessary to prevent erosion and run off of the disturbed ground of your site during the build to your rear neighbors. A community trail runs behind our house and we had problems with that as our house was built. I agree on leaving some trees, but I'd want the brush cleared when the landscaping is done.

I find this thread so interesting - usually when someone posts with a problem, the first question everyone asks is - what does the contract say? Is it in writing? And then if it is, there's usually a whole lot of consensus around getting the contractor to fulfill what they agreed to - or some kind of compromise solution to make the poster relatively whole. In this case, it seems like everyone is counseling the OP to let this go, despite it apparently being in writing (yes?), and being something the OP cares a lot about? Am I misunderstanding, or missing something? I feel like I must be...

First: what is in your contract?

Second: this might be a blessing in disguise. Clear out the underbrush after close. A half acre will leave PLENTY of yard space and both dogs and kids will love to play amongst the trees.

You are fortunate to have trees for privacy, shelter, and interest. I have 0.14 acres on a former farmer’s field (aka not a tree in site).

I agree with you course411.

Also, you said you don’t own the land, right? So if it really bothers you, you can refuse to close at the end until the final clearing and grading, etc is done per the contract. You actually have a lot of power, because you can walk away at any time, minus your deposit, and they are stuck trying to sell a house built to your specifications.

That said, of course being difficult now will make the whole building process unpleasant for you. I would be fine with a lot of trees and would drop it. If it’s important to you, I would just wait until the final grade.

The OP never said that the clearing of the entire lot by the builder was included in the contract.

The OP said that s/he has it in an email and verbally. If you look at the contract, there is most likely a clause that says the contract can not be modified verbally or in writing unless signed by all of the parties. I paraphrased that sentence, but it is very common to see a (better) version of it in most real estate P&S contracts. Builders aren't going to add expense without a formal written addendum to the contract. So, check your P&S Contract. The specifications for the lot clearing should be there along with all the other specs. The more vague the specs, the less 'control' you have over the end product. And if you don't own the lot then your control is close to zero, despite the builders rep telling you otherwise.

Agree with the consensus above, don't shoot yourself in the foot early on or you will end up with house with many issues. Builders can be retaliatory without looking like it. I've seen it before.

You do realize that for resale trees especially defining the edge of a lot are considered a plus and a cleared lot with no trees is a negative?

When it was all said and done, we were left with one tree on the side of our lot. My husband told the grader to go ahead and clear all the trees when they started the build. Now he is kicking himself. We have no privacy from the neighbors and I am now purchasing trees to plant and will have to wait years until they are big enough to be enjoyable.

Wait until the build is done, and if you want the trees removed, they can do so when doing the final grading. You will probably be very glad they left some trees :-)

The dog and the kids will appreciate the trees! More outside time in the shade when it’s hot, forts and clubhouses, a bit of adventure in the ‘woods’, trees to climb...clear the brush to make it useable but the trees will make your yard *more* useful for kids and pets!

That being said, they don't have much leverage on me.

You will find out exactly how much leverage they have on you the first time and every subsequent time you want to change something. Don't start the project with an adversarial relationship. There will be plenty of other opportunities to start one.

Also, you said you don’t own the land, right? So if it really bothers you, you can refuse to close at the end until the final clearing and grading, etc is done per the contract. You actually have a lot of power, because you can walk away at any time, minus your deposit, and they are stuck trying to sell a house built to your specifications.

This is really not the case, and if you are considering doing this you need to consult with an attorney who practices in the area where the home is being built.

First, I would advise people to be extremely careful holding any deal hostage, it can get very close to bad faith. If you know of a condition today that will prevent you from closing in the future, I would argue that you have a duty to inform the builder now, and not doing so puts you in additional jeopardy.

Furthermore, assuming the contract was made by anyone who was competent there is going to be some language that establishes a timeline and probably damages for refusing to close. Most contracts will also include a dispute procedure as part of the contract and I suspect that refusing to close isn't one of them.

Finally, this theory that you only risk your deposit is a complete myth. Because of the costs involved with pursuing legal action, often businesses just accept your deposit as recompense and do not pursue further damages. However, your liability for a breach of contract, extends far beyond your deposit. The builder could take your deposit, sell the house and send you a bill for the difference between the final sales price and the balance of your contract price.

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I would personally advise trying to work something out without threatening legal action or noting that you have leverage over him. I would advise you to be consistent, flexible and very polite.

Remember your goal isn't to win a fight with the builder, your goal is to get the best house you can for an amount of money you are comfortable with. When you start talking about leverage, legal action, holding payment hostage, etc., you have already lost.

Personally, I would compose an email that looks something like this (note: this is not legal advice)

Mr. Builder Man,

I hope everything is going well with the home build, I know we are really excited about it and so glad to see you starting. However, we are a bit concerned about the lot clearing. We interpreted your email on [insert date] to mean that our lot would be cleared all the way to the property line, and really were happy about that. In fact, one of the things we have envisioned most about this home is our [kids/dogs/rabbits/cats/other] playing in our large back yard. It really was one of the main reasons we decided on this lot.

After several discussions this is something we are really not comfortable giving up, and so I am emailing you hoping that you can recommend a solution.

Best,

Your Customer

If he comes back with a solution that isn't acceptable get even nicer while noting that you were hoping for something a little better. When all of that fails, then worry about flexing your muscle. That is what I would do anyway, but it is your build and your choice so best of luck.

Be glad he won’t clear it. It’s a shortsighted and foolish request.