New Construction Home Builder Cancelled Contract
3 years ago
last modified: 3 years ago
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Need advice on cancelling contract w/ builder....
Comments (8)"...you probably need a lawyer. There may be implied warranties and other state laws that protect you as a consumer." I agree 100%. Some states have very specific requirements on what must be contained in a construction contract. That is the case in my state, and the burden is on the builder. I would be prepared to pay for the work that was done and any out of pocket in anticipation of work bring done. But there may be some charges he is going overboard on, hard to say. For example, how can there be Energy Star charges when there is no house? Or was that to evaluate the plans? What are the "closing costs", I thought you owned the land? Why would the builder have closing costs? That said, YOU are choosing to back out. And this is where I say (for about the 100th time) that building a house is probably the most expensive thing most people will ever do, you should use a lawyer to review the contract BEFORE it is signed....See MoreNew Build - Questions for Builder Before We Sign a Contract
Comments (133)@Rai Kai … I did learn so much!! Thanks for your contributions! @Beckysharp haha. I will be doing more research with the lawyer. I think overall my realtor was good—but I am not sure if overall we were the right fit. We will see if we stick with her. I know she put a lot of work and time into it --- so I do feel bad about us not going through with it. I will be doing more research and googling, and reading and using all my resources! Promise! @PitrateFoxy – I’ll probably be doing some research on a lawyer to have “on call” when we are at that point. You all were so right about all the other things – and I’m sure a few extra hundred bux (what like 500? ) will put me more at ease as I don’t like surprises unless they flowers, chocolate, or kisses :D @bellburgmaggie – isn’t that the truth. Alos.. Houzz app isn’t going anywhere! I love your story about finidng the right place! Man.. 3.5x your investment!! AWESOME!!! Were you ever concerned about over improving? That’s my biggest fear, especially if we buy very low… You know I always imagined buying the house with the crappy wall paper, shag carpet and pink or green tile in the bathrooms a horrible kitchen and then putting in my DREAM kitchen (or as im learning from houzzers, my 99% dream kitchen!). I think that’s something I was struggling with buying new. Even though I got to make a few selections… it wasn’t tailored to me really. So asking my husband in 3 years to redo the layout of the kitchen wasn’t going to fly :D Location location location is so hard for us. We are transplants – with family in the area, but are having a hard time finding the “right” home town. Everywhere we look is “safe” but I really want that neighborhood feel. I moved to Texas because I love saying yes sir, no ma’am, and I want to raise my kids like that. Sweet tea on the porch and waving to your neighbors. I want to make meals for new moms, or help out my grandparents when they need it. I may not have the Texas accent, and as the saying goes “I wasn’t born in Texas, but I got here as soon as I could!” @jannicone – I’m not deleting Houzz!! Just Realtor, Trulia and Zillow :D It may only last a week, but I need some distance! But I will use it as a resorce to keep an eye on the market and see what really happens during “selling” season. Happy to be sorta liked! @Denita , I should know better. I’m a firm believer that EVERYTHING is negotiable and if you aren’t willing to make any changes (they may not have lost me if they let me go to the design center and let me have 2 extra days – would have cost them nothing) I’m not inclined to play ball. Especially in an industry where negotiation is nearly expected. Looks like I have some more homework and research to do! I may need to find a new realtor. Not that she wasn’t good. I felt like she was doing a good job – but I’ll never know if she asked the builder for things. She did make us feel like her only clients, and she was very attentive and listened to my concerns. But I did get a slight feeling that she was “building” up the home a little more than she should have. We signed a contract for 6 months with her. She led with “if at any time you are done with me, I’ll just rip it up.” Who knows if that will come back to bite me in the butt. But, also thought we were going to end up with the first house and it would all be over. Again, lack of experience on my part. I've done some research on how you should select a buyers agent... and I did kind of do it all wrong....See MoreNew Construction Home: Pay Cash vs Construction Loan
Comments (4)Yes to your own RE attorney. Yes to a methodology of lien release tracking. Yes to setting up a construction draw schedule even if you don't have a loan. Your builder should know when he needs draws and design a schedule for you. Planning is everything. Know what you want and stick to it. Strangely enough, once the foundation is dug, a lot of risk diminishes. If there are no rocks or water, your foundation costs drop off. Shop around for other lenders. You only need a construction loan. Not a construction to perm. They are different. It's good to have a line of credit in your back pocket when building. I suggest you explore a home equity line of credit on your current home. If you need it, you have it. If you don't use it, you were prepared. Lenders will love you. They love to lend to people who don't need the money. And, they love lending to people who already own the land. Expect and prepare for cost overruns. Construction lending is high risk and you are lowest level of risk of a high risk endeavor. Make the lenders compete for your business....See MoreCan builder sign with another buyer if I'm still under contract
Comments (27)if the plan was for 2,000 square feet and the final was 1,500 square feet, I would imagine the OP would have an easy time getting the remaining deposit back, even though they signed off already. I respectfully disagree. It is exceedingly unlikely that the OP could overcome the settlement and even more unlikely that it would make financial sense to try. We should understand that in most states you risk more than your deposit when you breach a contract. The deposit is given as reasonable insurance you will not breach, but it is rare that any contract maker will limit their recourse to surrender of deposited funds. The builder could sue for specific performance, in other words he could make you buy it. He might also sue for losses associated with your breach. When you agree to a partial refund, you are agreeing that you will not sue him for problems during construction and he will not sue you for further damages or specific performance. A settlement is essentially a new contract. The only way the OP would reasonably get around that, and still probably not cheaply, is if he could prove that the builder regularly did this as a profit generator. I once saw a landlord, who had low rent rates on a great property, get in trouble for taking excessive applications, and associated fees, for each apartment he rented. Whenever he needed money he would just accept applications even if he didn't have a vacancy, at $75 per application he was making a mint off of them and he would just put people on a waiting list, sometimes for years. He lost a case and ended up having to sell the complex....See MoreRelated Professionals
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