home builder not finishing work, what are the rights

[bjstare]

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You can't hold back money from a builder unless they agree. For example if you said you wanted $10k held back over a minor paint issue the builder would tell you to get Bent.

There are clauses in the paperwork if you want to tell them what to do with the house they own... remember until possession the house is the property of the builder.

It's rather amusing to see people provide advice that would cost a home owner thousands of dollars. The contract one signed is very important.

My comment was based on the fact that rach said the lawyer recommended it; assumption was that the lawyer would know what the contract does and doesn't allow.

[killramos]

No one is talking about stiffing a builder on possession day because they feel like it. Holdbacks until deficiencies are dealt with is something that any buyer should be including in their contracts to avoid having to take their builder to court to compel them to abide by the word of the contract (ie deficiencies being rectified by a certain date).

This is not a complicated concept, and was something both my realtor and lawyer recommended.

Of course builders don’t like holdback clauses, that’s why contracts are a 2 way street.

[88CRX]

Except the OP probably signed the contract without understanding what rights he did or did not have.

If this builder is so bad why not name them, thats worked in the past to get shit done around here?

You've also dogged some pretty simple questions previously. Did you possession inspection note these deficiencies in writing? What about your 60 day walk through, were they still noted as deficiencies? How are you corresponding with the builder (through the site super or through a warranty department)?

Maybe make a list of everything outstanding and send your builder a letter asking for them to give dates for trades days to get shit fixed. Seems pretty simple?

[suntan]

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If you ignore the hundreds or close to a thousand new home contracts I've personally dealt with then yes I know nothing about contracts.

There are many legitimate reasons for a hold back but if a buyer pulls a number out of thin air and tells their lawyer not to release funds then the builders will use one of the many clauses in the paperwork to charge the home owner interest. This can be quite significant.

These clauses are there as some owners are not that reasonable or don't understand the new build process.

Oh please. Nothing's being drawn out of "thin air". If there are deficiencies and the homeowner thinks they're not being dealt with in a timely manner, fuck man, he should be bring up the threat of a holdback. Sometimes you gotta threaten to get their attention.

What does "personally dealt with" even fucking mean? You looked at them? You drew some stars in crayon on them?

Here's my "personally dealt with" story: We had to sign a "standard" supplier agreement with a major O&G company recently. In that agreement, it stated that they never had to pay us. We had that clause reworked, but only after their lawyers told us "you sign the supplier agreement as-is or the deal is off" multiple times.

[rach]

[QUOTE=gwill;4739798]You can't hold back money from a builder unless they agree. For example if you said you wanted $10k held back over a minor paint issue the builder would tell you to get Bent.

the builder basically wont let me hold back any money at that time,

[nagooro]

sooo which builder is this?

[revelations]

Just bizarre conduct all around.

Its the equivalent of buying a brand new car but missing a wiper from the factory, a wheel cover and one of the tires is bald - BUT - the dealer PROMISES they will fix it .... if you just sign here to accept it as is.

And somehow this is normal? Escrow service all the way.

I wouldnt bother naming the builder. Im sure this is common in the industry for folks who have signed off - to move in with existing deficiencies.

[macman64]

If anything is significant make sure to create a new home warranty claim before the coverage ends. If you miss the one year cutoff by even a day it won't be covered.

[rach]

Just to give an update.
Submitted warranty claims for items that were not fixed..been a month already still no actions.
And I moved to the house a year now....staircase from deck to ground still not installed..is this normal??? To me I don't think it is..
Bigger builders like avi would fix right away.

[nagooro]

Who's the builder? Might as well out them.

I wouldn't say its normal. I built with Albi, have had no issues with them. Any concerns were taken care of pretty quickly.

[rach]

lets just say its 100x smaller than Albi
and my house is probably thier 2nd house they built..guess i should have not trust them but its too late now
cant imagine they bleached the contract and nobody can do shit about it.

[Rat Fink]

.

[rach]

I guess I trusted them that they will finish the house at the beginning.
And yes I would think that they will need word of mouth if they want to survive in this business...but I guess not?
Yea I would use social media to give pressure but not sure if that will worsen the situation or not.
The work that is required to be done is probably worth 3-5k

[macman64]

Make sure to claim with new home warranty program before it expires.

[rach]

Already did and been a month now

[ShermanEF9]

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Bigger builders like avi would fix right away.

They definitely will not. Sorry man, you're on the bottom of the list. Your claim makes them no money. Small or big builder. My friend waited months on homes by avi to fix several issues with his home. Unless it's absolutely critical, you'll continue to wait. They've already been paid.

[rach]

this sucks
and this is normal? thought only happens in asia

- - - Updated - - -

and consumers cant do nothing?