Homebuilder breach

[NeoConIV]

I could get a lawyer, just would rather have another builder takeover, or some other alternative. I mean, we've got on this guy and he makes promises and always breaks them....

Anyway, thank yall for the help.

[SequSpur]

Please tell me you have a broker or something?

[FromWayDowntown]

I'd go see a construction law attorney immediately.

I'm trying to think through how you would normally handle a situtation like this one, but I've never seen anything like this. A construction law lawyer or even someone who deals more generally with contract, would be in the best position to given you some advice. It might cost you a couple of hundred dollars to sit down for a couple of hours with a lawyer and get some advice -- it will cost more if you need the attorney to represent you, but it may be that some money spent on that will end up saving you money on the house. Depends on the contracts, but that's where I'd start.

The other possibility would be to approach the lender -- I think the lender has a lien on the property that is greater than any lien the builder has; the lender would likely have an interest in protecting that investment and might assist you in trying to resolve the situation.

[1369]

I've been driving all day (From SA to Florida), so these aren't the most lucid thoughts, but I think you should be able to hold payment as retianage, if you have the completion date in writing, maybe something along the lines of failure to complete on time, check with the lien that the lender has and see if you have some kind of relief on that (if the lender has a lien, maybe you can get some relief on the payments since the lender recognizes the problem?)

[NeoConIV]

I'd go see a construction law attorney immediately.

I'm trying to think through how you would normally handle a situtation like this one, but I've never seen anything like this. A construction law lawyer or even someone who deals more generally with contract, would be in the best position to given you some advice. It might cost you a couple of hundred dollars to sit down for a couple of hours with a lawyer and get some advice -- it will cost more if you need the attorney to represent you, but it may be that some money spent on that will end up saving you money on the house. Depends on the contracts, but that's where I'd start.

The other possibility would be to approach the lender -- I think the lender has a lien on the property that is greater than any lien the builder has; the lender would likely have an interest in protecting that investment and might assist you in trying to resolve the situation.

I've got some phone numbers to so real estate lawyers...

[NeoConIV]

I've been driving all day (From SA to Florida), so these aren't the most lucid thoughts, but I think you should be able to hold payment as retianage, if you have the completion date in writing, maybe something along the lines of failure to complete on time, check with the lien that the lender has and see if you have some kind of relief on that (if the lender has a lien, maybe you can get some relief on the payments since the lender recognizes the problem?)

And checking with the lien company for options...

Thanks everyone, I'll keep yall posted...

and let this serve as notice to those of you considering going the custom home route!! You gotta be sooooo careful.

[NeoConIV]

You Shouldn't have hired the builder based solely on the presence of Dubya stickers on his Tahoe, NeoCon

LOL, he doesn't have a W sticker, but he does have a Kinky Friedman for governor sticker....

But that was midway through the build that I noticed.


I SHOULD have looked for the W sticker....

[spurster]

A friend of mine had this problem with a local builder, he just started going off everyday on management and finally they got tired of him and finished his house, but it was still a few months late.

I would second this approach for a few weeks, but instead of "going off", just insist on talking and complaining nicely to everyone in authority for long periods of time. They will get it done just to have you off their back. Remember that the speaky wheel gets the grease.

Oh, and keep a record of every time you contacted them and who you talked to and what they said.