New home w/Boundary Problem

[emanon]

What is the name of your state? Virgina

My wife and I bought a new home in a new subdivision in Southwest Virginia back in early October. We bought the house as it was in the final stages of construction and got to know the builder very well in the process. Closed and moved with one outstanding condition - there was a sewer line to be installed at the back of the property on the boundary between our lot and our back door neighbor (older neighborhood still on septic - being upgraded by the county to county services). I say this was an outstanding condition because the backdoor neighbor built a small outbuilding on the back of our land when it was still wooded. The builder has agreed to move this building when they have the equipment in position for installing the sewer line. Although at this point we're not overly concerned (the sewer line installer is building a large house in the same neighborhood) as we have met with all involved and everything appears to be on the up and up. The problem is - this work was supposed to be done the first part of October. Then it was the first part of November. Then it was the first part of December. We're starting to wonder if something else isn't going on here.

My question is: What recourse do we have if things aren't on the up and up here and this isn't just a case of not being able to get workers to do what they say they'll do on time?

Thoughts?

[nextwife]

Originally Posted by emanon

What is the name of your state? Virgina

My wife and I bought a new home in a new subdivision in Southwest Virginia back in early October. We bought the house as it was in the final stages of construction and got to know the builder very well in the process. Closed and moved with one outstanding condition - there was a sewer line to be installed at the back of the property on the boundary between our lot and our back door neighbor (older neighborhood still on septic - being upgraded by the county to county services). I say this was an outstanding condition because the backdoor neighbor built a small outbuilding on the back of our land when it was still wooded. The builder has agreed to move this building when they have the equipment in position for installing the sewer line. Although at this point we're not overly concerned (the sewer line installer is building a large house in the same neighborhood) as we have met with all involved and everything appears to be on the up and up. The problem is - this work was supposed to be done the first part of October. Then it was the first part of November. Then it was the first part of December. We're starting to wonder if something else isn't going on here.

My question is: What recourse do we have if things aren't on the up and up here and this isn't just a case of not being able to get workers to do what they say they'll do on time?

Thoughts?

I certainly hope your attorney requested an escrow be held from seller's proceeds in an amount of 1 1/2 to 2 times the estimated cost of doing the work yourselves in the evnt the work was not completed by X date. A holdback sufficient to more than cover the cost is the usual way to guarantee the work will get done at no extra cost to the buyer.