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Old 08-11-2005, 03:04 AM
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Join Date: Aug 2005
Posts: 1

Any legal recourse to builder backing out of contract


What is the name of your state?TN

I am wondering if I have any legal recourse to a builder backing out of a signed contract? The orginal closing date was July 15th...the house was not completed nor was there a Certificate of Occupancy. The next signed date by myself and the builder was July 22nd. On July 22nd, house still not completed to what contract stated and no C.O. issued. On July 30th the builder obtained a temporary C.O. and allowed us to store our things in the garage until closing (BIG MISTAKE). Builder obtained a C.O. on Aug 10th but does not have all things agreed to in the contract completed but demands that we close tomorrow..or he will pull the contract? Can he do that if contract is not completed? ie...builder agrees to install plantation shutters throughout house (has not done), builder to install exterior showcase lighting (he has not done).

Can I recoup any of my out-of-pocket expenses that I have incurred due to the builder not having the house done on the 22nd of July. Expenses like:

1. paid movers to pack and unpack belongings from CA to TN...truck arrived in TN on July 23rd but was unable to unpack due to house not being done! Can I recoup any of that cost?

2. had to rent another moving truck to store my belongings in...Can I recoup that cost? and the cost of paying someone else to load and unload that truck?

3. the cost of hotels since July 22nd since I am without a home

4. if I don't close with all the things finished that are in the contract as the builder is demanding, can he now sit my things out on the curb?

5. Can the builder really pull out on a contract if I have solid financing and I am just holding out to make sure the contract is completed?

any and all advice is greatly appreciated

Last edited by confused_tn; 08-11-2005 at 03:07 AM.
  #2  
Old 08-11-2005, 06:39 AM
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Join Date: Aug 2005
Location: St. Odo of Cluny Parish
Posts: 29,043
Can I recoup any of my out-of-pocket expenses that I have incurred due to the builder not having the house done on the 22nd of July. Expenses like:

1. paid movers to pack and unpack belongings from CA to TN...truck arrived in TN on July 23rd but was unable to unpack due to house not being done! Can I recoup any of that cost?

No; this and 2 and 3 are not damages caused by the builder.

2. had to rent another moving truck to store my belongings in...Can I recoup that cost? and the cost of paying someone else to load and unload that truck?

See answer to #1.

3. the cost of hotels since July 22nd since I am without a home

See answer to #1.

4. if I don't close with all the things finished that are in the contract as the builder is demanding, can he now sit my things out on the curb?

He shouldn't but he probably will if he is a real idiot.

5. Can the builder really pull out on a contract if I have solid financing and I am just holding out to make sure the contract is completed?

If you do not fulfill your end of the contract, he does not have to fulfill his end of the contract. Y'all need to do some serious negotiating. Going through the courts will be long and expensive and neither one of you will be happy.
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