NEW CONSTRUCTION HOME - unable to close due to A/C unit placement

3 years ago

We are closing in 2 days but we are having issues with the builder not placing the A/C unit in the agreed upon place according to the lot plan/contract that we signed.

We plan to have a patio and what I had in mind was when you exit that sliding door, grill would be on the left (gas attachment is there) and seating are to the right

(Lot plan that I signed, I added the grill, table & chair drawing)

The builder placed the A/C unit where I was planning to have my seating area. I pointed out during the initial walkthrough the issue but now, 2 days before the closing they said that they can't move it. I am thinking that they don't want to do it because it would cost them a lot to reroute the wire and copper pipes to put it in the original spot.

This may delay our closing since it is in 2 days and we have our final walkthrough tomorrow to do a signoff on the property. But I don't want to signoff on the property when they didn't place the A/C unit in the correct spot.

What options do I have at this point so close to closing?

Thanks!

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Comments (17)

lyfia
3 years ago
last modified: 3 years ago
With a tract builder you need to read your contract, but doubt you have any recourse. I would contact an attorney asap to see if they have any ideas as to what you might be able to do.

If you're stuck with it there, maybe ask them to or pay someone to move the unit around the corner which would likely work for your usage, however I would put the grill on that side and the seating area on the other side due to the noise from the unit. Or adjust the plans for your patio and shift it towards the other side. Since your doors are further from the corner that shouldn't be that hard to do.
PRO
Patricia Colwell Consulting
3 years ago
This is the reason you need to be on site all the time to check what is happening. When did you notice this? I agree it might not be a huge issue to move it around the corner but you need to see about that. I have to say builders rarely care where you put your furniture outside or inside so not really understanding the whole design part and the builder needed to sign off on that .
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Patrick Villanueva
Original Author
3 years ago
I noticed it last week during the walkthrough. I am asking for compensation for it because I would have to pay to get it moved.

I agree that they are not obliged to consider where I put my furnitures inside or outside.

I was thinking that since this is the plan that I signed during the purchase agreement, that they should’ve placed the AC unit on the agreed upon spot
cpartist
3 years ago
If you read your contract, I'm guessing there is wording there that basically says they can make changes as long as they use the same quality or better, etc. As a tract house, you have very little if any recourse. You take it as is, or not.
Denita
3 years ago
last modified: 3 years ago
Read your contract. If you are working with a production builder then there is very likely a phrase that says something like the builder can make changes without your authorization or approval somewhere in the agreement you signed. I very much doubt that you will get any compensation no matter what your drawing indicates due to that phrase or something similar in your contract. Those contracts are 100% for the builder, not the buyer. Note: I haven't read your contract, but I have read many builder's contracts and that is very common in production building agreements. Also, I'm not an attorney. I'm a Realtor.

You would have additional issues if you don't close timely too.

Consult with a local real estate attorney, if you haven't already, to know where you stand with your contract and closing.
Patrick Villanueva
Original Author
3 years ago
It did mention that they could do “reasonable” changes. So we’ll see on how our talk with them goes tomorrow. Thank you for the advice.
cpartist
3 years ago
That is considered a reasonable change.
millworkman
3 years ago
Unable to close or unable to close because you do not want the ac unit where they put it? As stated above read your contract, they probably have you over a barrel.
vinmarks
3 years ago
Can't you just shift the patio down the other way? I know it's not what you envisioned but it seems like you can just have the patio go down the other direction and have seating past the grill.
decoenthusiaste
3 years ago
Even if moved around the corner, you don't want the noisy unit right next to your entertainment area. Move your patio plan. I bet you can come up with something even better than originally.
User
3 years ago
Why they put it there and not around the corner is beyond me. Just easier for them probably. But you can redo your patio plan and do a half wall or something to help hide it a little.
lucky998877
3 years ago
Well, luckily your patio area hasn't been poured yet. I would definitely move the unit to the side yard...it will make noise.
PRO
Jeffrey R. Grenz, General Contractor
3 years ago
No option at this point. Close or walk.

Many municipalities no longer allow these in side yards.
David Cary
3 years ago
last modified: 3 years ago
I had the same thought - that side yards aren't allowed.

Can I give a positive thought - you are on a patio eating or entertaining for a fixed amount of time. Most of that time, you could shut the a/c off.

A/Cs are sized to be run for long periods (hopefully). Skipping an hour for dinner shouldn't be that much of a burden. If it is really hot, well then you aren't outside.

Climate looks hot - with no overhangs over the windows in any direction - ouch - hope your back yard is north facing.
jlhug
3 years ago
It is hard to tell from the site plan, but putting the AC unit on the side may not be possible due to setbacks.
PRO
Joseph Corlett, LLC
3 years ago
You're going to have to design your way out of this one.

NEW CONSTRUCTION HOME - unable to close due to A/C unit placement

Comments (17)

lyfia

Patricia Colwell Consulting

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Patrick Villanueva
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cpartist

Denita

Patrick Villanueva
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vinmarks

decoenthusiaste

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lucky998877

Jeffrey R. Grenz, General Contractor

David Cary

jlhug

Joseph Corlett, LLC

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NEW CONSTRUCTION HOME - unable to close due to A/C unit placement

Comments (17)

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