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Thread: home builder not finsihing work, what are the rights

  1. #21
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    Quote Originally Posted by gwill View Post
    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.

  2. #22
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    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.
    Originally posted by Thales of Miletus

    If you think I have been trying to present myself as intellectually superior, then you truly are a dimwit.
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    fact.

  3. #23
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    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?

  4. #24
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    Quote Originally Posted by gwill View Post
    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.

  5. #25
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    [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,

  6. #26
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    sooo which builder is this?

  7. #27
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    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.

  8. #28
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    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.

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