Desperate! Trying to buy a house that is still under construction

[frustratedmonk]

I live in North Carolina

Please Help!!! We have had a contract with a real estate agent for 8 months on a house that was listed for sale...and still under construction. They were supposed to finish construction over 2 months ago...but did not. The realtor (who also owns the property) fired the contractor (not sure of the legal issues there) and has hired a new one. We are still waiting for the last itmes to be finished on the house, but the county is hesitant to transfer to building permits because of legal concerns. What situation are we in??? We don't pay anything until closing, but we are finding ourself with nowhere to live! What do we do if liens are put on the property? What legal rights do we have in all this!??

[seniorjudge]

I think y'all have all kinds of legal rights. And it will takes tons of dough and years of work to get them exercised.

But let's face hard reality here: find another place to live.

Get the contract cancelled in writing by the real estate agent.

[frustratedmonk]

Thanks for the reply! I also feel as though we have certain rights, although the real estate attny is doing dances around our questions, as is our realtor. The house is 85% complete...they are scheduled to put in cabinets and floors in the next 2 weeks through the new contractor, the old contractor who has been dragging feet from day 1 is now putting in lawsuits against the realtor/owner of the property. They can get this stuff done in 3-4 weeks...and we could move in, but what are the obstacles that could come up legally to prevent all that?

I would love to say that we could find another house to buy....that option is looking slim. Property values have jumped so high that we couldn't afford anything similar....bear in mind we have a contract dated Jan...the house we are buying has increased in value by at least $20,000 - $30,000. I don't want them to make more money from their own procrastination!

[seniorjudge]

Q: They can get this stuff done in 3-4 weeks...and we could move in, but what are the obstacles that could come up legally to prevent all that?


A: The house is 85% complete...they are scheduled to put in cabinets and floors in the next 2 weeks through the new contractor, the old contractor who has been dragging feet from day 1 is now putting in lawsuits against the realtor/owner of the property.

[frustratedmonk]

I see how things can get messy for all of this! All the while we are watching from the sidelines. The realtor/owner has assured us that we will move in by the end of Sept. (not sure if I mentioned this before...the realtor/owner is not the same realtor that is representing us...fortunately) That may all be talk to keep us happy...

If work is completed by the new contractor (by some miracle) and we are able to close, are the lawsuits affecting the realtor/owner from the old contractor going to have any effect on the closing of the house? (assuming there are no liens...or liens are paid off at closing)

I know I seem clueless....I am trying to be as informed as possible. Thank you for your replies.

[seniorjudge]

The realtor/owner has assured us that we will move in by the end of Sept. (not sure if I mentioned this before...the realtor/owner is not the same realtor that is representing us...fortunately) That may all be talk to keep us happy...


If it is not in writing, it did not happen; if it is in writing, then that is the way it happened. Do not rely on any verbal assurances but get everything in writing.



If work is completed by the new contractor (by some miracle) and we are able to close, are the lawsuits affecting the realtor/owner from the old contractor going to have any effect on the closing of the house? (assuming there are no liens...or liens are paid off at closing)

The lawsuit could hold up the sale of this property for months if not years. Make sure your title insurance commitment clearly addresses this mess and what needs to be done to satisfy all of it.