Inspection Clause.

[tgray41]

What is the name of your state? Alabama

We signed a contract to buy a new construction. The builder missed four closing dates. Suspicion of work quality led us to have a home inspection. The inspection found roofing trusses had been cut, voiding the truss warranty. Our contract allows us an inspection, and requires that the buyer and seller agree to the repairs required. We insist there be the original warranty on the roof, aside from the measly 1-year builder warranty. Further, the city rough-in inspection was done prior to the cut trusses, so the city had no idea and they are very clear that they connot be held liable. Also, the inspector stated that nearly all stucco was installed incorrectly and must be redone. They seller says the truss can be fixed and the stucco is fine. We donnot agree. We have refused to buy the house. The seller has shown his intension to sue us for specific performance, even though he retains the house in a hot market. Can we get back our 5K earnest? Can he prevail in court?What is the name of your state?

[xylene]

[quote=tgray41;1475799 The seller has shown his intension to sue us for specific performance[/QUOTE]

Shown how?

Has he begun legal preceedings? Had a lawyer contact you? etc...

or

Has he blown up on the phone or in person getting all hot and bother screaming "Sue Sue Sue"

Scenario 1 - you need a lawyer

Scenario 2 - you could use a lawyer

[tgray41]

Shown how?

Has he begun legal preceedings? Had a lawyer contact you? etc...

or

Has he blown up on the phone or in person getting all hot and bother screaming "Sue Sue Sue"

Scenario 1 - you need a lawyer

Scenario 2 - you could use a lawyer[/quote]

A. So far, the builder has only informed my broker of his intention to sue. I sat in a consult with a lawyer who simply stated to just wait for him to make a move. That's really what I would do anyway, but the real question that is literally keeping me up at night is, "Can he really get me?" I just want these clowns in my rearview and to get on with my life.

[JETX]

Originally Posted by tgray41

Can we get back our 5K earnest?

No one can answer that without reading the FULL terms of the contract... HOWEVER, it appears that your builder MAY be in breach which would allow you to certainly make a claim for its return. Whether the builder agrees and releases or not is up to him.

Can he prevail in court?

Can he?? Yes.
Will he?? Depends entirely on your defense to the claims he makes. You need a good LOCAL attorney to both pursue YOUR claims against him and to defend against any claims he might make.