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Breach of New Home Contract

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L

Leah Hoy

Guest
What is the name of your state? Florida!
My husband & I contracted with a local builder to build our new home. We choose a model and discussed the new state building codes, which included hurricane shutters. The salesman said he had our model already under construction and it would be ready by the time our kids went to school. Someone elses financing fell through. We agreed and signed the contract. The salesman added hurricane shutters to our contract. At the time of walk through and closing we had no hurricane shutters? The walk thru man said he knew nothing. We made him note it on the walk thru papers. All uncompleted work would be done within 30 days. Our closing was immediately after, we mentioned it at closing. No one from the builder was there so the closing agent contacted the builders construction office. They offered us $1,000.00 for the shutters. We declined as the shutters would cost us about $5,000.00. They said our salesman would have to take care of it and would so within the 30 days. After a week we never heard from anyone. I called the salesman and he said he would have it taken care of. No response two weeks later, I called. He said our house wasn't built to code and there was no way shutters could be placed on the home because the house wasn't built to code. I asked why?? the house was suppose to be built to code he said well I wasn't the original seller and your in your house now so take the 1000.00 and be happy. I told him that was unacceptable. I called five shutter companies who came out and all said shutters could be placed on the home and got estimates from each one of them. The salesman & construction office have been playing the blow us off game for 10 months and I sent a letter of demand for the shutters knowing getting the codes met will be hard. They have a week to reply. Since the shutters are in writing on our contract and on the walk thru papers!! Will I be able to sue for them? Will I likely prevail in small claims court? They know we are a mid-income family with young children and have taken advantage of our ignorance and the fact that hiring a lawyer will be a costly venture for us. Please help! Please advise. We also paid 10,000.00 more for the home because of the new codes. The codes went into effect 3-2-02, we contracted 6-20-02 and they originally permitted the house 2/07/02 and were approved 2-28-02, the day before the codes toke effect. However they purchased the property 4-?-02 from their other company (owned by the same man & woman!!!) Permit office says this is okay and they can't check on everyone..
I checked when they bought the property (4/02) before signing the contract to insure (ha) they had to meet the codes (3/02). I sure would like to get my $10,000.00 back as well.. However you can advise so I know my options. Thanks, Leah
 


HomeGuru

Senior Member
Leah Hoy said:
What is the name of your state? Florida!
My husband & I contracted with a local builder to build our new home. We choose a model and discussed the new state building codes, which included hurricane shutters. The salesman said he had our model already under construction and it would be ready by the time our kids went to school. Someone elses financing fell through. We agreed and signed the contract. The salesman added hurricane shutters to our contract. At the time of walk through and closing we had no hurricane shutters? The walk thru man said he knew nothing. We made him note it on the walk thru papers. All uncompleted work would be done within 30 days. Our closing was immediately after, we mentioned it at closing. No one from the builder was there so the closing agent contacted the builders construction office. They offered us $1,000.00 for the shutters. We declined as the shutters would cost us about $5,000.00. They said our salesman would have to take care of it and would so within the 30 days. After a week we never heard from anyone. I called the salesman and he said he would have it taken care of. No response two weeks later, I called. He said our house wasn't built to code and there was no way shutters could be placed on the home because the house wasn't built to code. I asked why?? the house was suppose to be built to code he said well I wasn't the original seller and your in your house now so take the 1000.00 and be happy. I told him that was unacceptable. I called five shutter companies who came out and all said shutters could be placed on the home and got estimates from each one of them. The salesman & construction office have been playing the blow us off game for 10 months and I sent a letter of demand for the shutters knowing getting the codes met will be hard. They have a week to reply. Since the shutters are in writing on our contract and on the walk thru papers!! Will I be able to sue for them? Will I likely prevail in small claims court? They know we are a mid-income family with young children and have taken advantage of our ignorance and the fact that hiring a lawyer will be a costly venture for us. Please help! Please advise. We also paid 10,000.00 more for the home because of the new codes. The codes went into effect 3-2-02, we contracted 6-20-02 and they originally permitted the house 2/07/02 and were approved 2-28-02, the day before the codes toke effect. However they purchased the property 4-?-02 from their other company (owned by the same man & woman!!!) Permit office says this is okay and they can't check on everyone..
I checked when they bought the property (4/02) before signing the contract to insure (ha) they had to meet the codes (3/02). I sure would like to get my $10,000.00 back as well.. However you can advise so I know my options. Thanks, Leah
**A: hire a real estate attorney that deals in construction and contract law.
 

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