Closed but can't occupy

[jlr2000]

Illinois

I bought new construction and our closing was on August 29th. We signed all our closing papers and just needed the village to issue the certificate for occupancy. They never did over an issue with there not being sufficient water pressure going to the fire hydrants. The builder was aware of the issue prior to letting us close and we were not made aware of the issue until after the closing. The builder hoped to have the certificate by the end of the day but now it look like we won't be able to occupy until late September. They are holding the closing papers we signed and returned our check for the down payment. My question is what action should we take as the buyer? So far the builder is paying for our housing and eating expenses until this matter is resolved and they are working up a proposal for our pain and suffering. Should we have an attorney representing us in this mess?

[Zigner]

So, you get free room and board, and reimbursement (possibly) from the builder, yet you want more?

[HomeGuru]

Originally Posted by jlr2000

Illinois

I bought new construction and our closing was on August 29th. We signed all our closing papers and just needed the village to issue the certificate for occupancy. They never did over an issue with there not being sufficient water pressure going to the fire hydrants. The builder was aware of the issue prior to letting us close and we were not made aware of the issue until after the closing. The builder hoped to have the certificate by the end of the day but now it look like we won't be able to occupy until late September. They are holding the closing papers we signed and returned our check for the down payment. My question is what action should we take as the buyer? So far the builder is paying for our housing and eating expenses until this matter is resolved and they are working up a proposal for our pain and suffering. Should we have an attorney representing us in this mess?

**A: why did they return your check? Did they terminate the contract?

[jlr2000]

They aren't processing the closing papers because they can't tell us when we will be able to move in. Right now we are hoping to find out if the issue has been resolved on Sept 16th. Then they will let us know if we can re-close. So instead of letting the check sit at the title company they offered to give it back to us to hold onto. The original intent was so that we could put it in an interest bearing account but the check is made out to the title company. I don't want to know if we should ask for more compensation. The builder is offering that on their own. My question was is this a big enough mess that I should get an attorney to represent me.

[HomeGuru]

Originally Posted by jlr2000

They aren't processing the closing papers because they can't tell us when we will be able to move in. Right now we are hoping to find out if the issue has been resolved on Sept 16th. Then they will let us know if we can re-close. So instead of letting the check sit at the title company they offered to give it back to us to hold onto. The original intent was so that we could put it in an interest bearing account but the check is made out to the title company. I don't want to know if we should ask for more compensation. The builder is offering that on their own. My question was is this a big enough mess that I should get an attorney to represent me.

**A: you could certainly consult with an attorney.