Dual Agency Status Communication Problems

[Nick]

What is the name of your state? Tennessee
Tennessee

We are buying a spec home. The kitchen lights (can lights) were wired & sheet rocked in prior to the cabinets being hung. Two of the lights are not in the proper place. They shine directly on top of the cabinets instead of down onto the counter like they are supposed to. I pointed it out to the Builder and his response was "It is what it is" and that in so many words I have to live with it. The uneven light throws shadows all over the kitchen & just looks awful! Unfortunately we chose to use a Realator that is acting as a "dual agent." We were living out of state at the time & didn't realize that the Real Estate Agent & Builder are very close friends. This explaines why the Agent is of no help to us. He is basically useless to us & generally fails to even return our phone calls. The Builder has told us to leave the Agent out of further communications & to deal with himself directly.
There is also a problem with one of the walls in the formal dining room "bowing out" in the center of the wall. When the baseboards were laid it became quiet obvious there was a problem.
We are closing in just over 2 weeks. (Over 2 months LATE!) The apt. complex has already rented our apartment & we have no place to live if the closing is further delayed! Do we have any recourse after closing?
What are my legal rights?
Do I demand that the Builder correct the problem prior to closing or do I just have to live with it?

[PghREA]

I was in a similar situation several years ago. I refused to close until the problems were corrected and I hired a real estate attorney to help me present my position.

[HomeGuru]

Originally Posted by Nick

What is the name of your state? Tennessee
Tennessee

We are buying a spec home. The kitchen lights (can lights) were wired & sheet rocked in prior to the cabinets being hung. Two of the lights are not in the proper place. They shine directly on top of the cabinets instead of down onto the counter like they are supposed to. I pointed it out to the Builder and his response was "It is what it is" and that in so many words I have to live with it. The uneven light throws shadows all over the kitchen & just looks awful! Unfortunately we chose to use a Realator that is acting as a "dual agent." We were living out of state at the time & didn't realize that the Real Estate Agent & Builder are very close friends. This explaines why the Agent is of no help to us. He is basically useless to us & generally fails to even return our phone calls. The Builder has told us to leave the Agent out of further communications & to deal with himself directly.
There is also a problem with one of the walls in the formal dining room "bowing out" in the center of the wall. When the baseboards were laid it became quiet obvious there was a problem.
We are closing in just over 2 weeks. (Over 2 months LATE!) They apt. complex has already rented our apartment & we have no place to live if the closing is further delayed! Do we have any recourse after closing?
What are my legal rights?
Do I demand that the Builder correct the problem prior to closing or do I just have to live with it?

**A: hire an architect or a home inspector that does construction/punch list type of inspections. Then hire a construction attorney.

[JETX]

Originally Posted by Nick

Do we have any recourse after closing?

Not really. The time to exercise your 'rights' is BEFORE you close. A good argument could be made by them that your closing without resolving this matter is acceptance.

What are my legal rights?

Your legal 'rights' are to abide by the contract you signed.

Do I demand that the Builder correct the problem prior to closing or do I just have to live with it?

Depends. You have put yourself in a poor position.... without a future home and yet refusing to close on your home. You need proper assistance..... from a local attorney. The attorney can document the complaint and attempt to resolve it with your builder.... absent a resolution, he can explain what rights you might have against the builder..... and how to protect them.

[Gadfly]

At any time did you do a formal walk through and punch list, or is your contact limited to the verbal with the builder?

[Nick]

Originally Posted by Gadfly

At any time did you do a formal walk through and punch list, or is your contact limited to the verbal with the builder?

We have not done a formal walk thru yet. These are issues that we have noticed & mentioned to the Builder on site.

[HomeGuru]

Originally Posted by Nick

We have not done a formal walk thru yet. These are issues that we have noticed & mentioned to the Builder on site.

**A: and I am sure that there are other issues to add to the list.....