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How Long is Builder's Contract Binding?

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frogl00ker

Guest
What is the name of your state? Ga
My husband and I entered into a contract to build a new home on Aug 2003, with no earnest money requirred. We had to sell our home that stipulation was in there. Proposed closing date was Jan 29, 2004. That date came and went and house wasn't completed and we hadn't sold our home. WE were at stand-off situation I guess - we didn't push hime nor he us. March, 2004 the same - incomplete - we hadn't sold. I in the meantime have spent about $2300.00 of my own money to make wanted improvements not included in contract (bookcases-brick mailbox-bought and paid for installation of all window molding-entrance door handle set). In April/May, broker for builder (his relative) stated they were going to "finish the home, make it a model home, and that would give us an additional 30 days or so". They started, called for an inspection - it failed on 4 counts- notice to fix and call for re-inspection. A statement to that effect was on the counter of "my then open home". May no completion, failure notice still there. June 6, 2004 same thing - nothing further done, notice still there and no evidence of "fixing the problems) - June 20, 2004 still no changes in the house - except sale pending down and FOR SALE sign up - called the broker and he stated we would have "first offer" but builder felt it was time to "finish this house".
In the meantime of all this waiting he has completed and closed two other new constructions (started after ours). June 28, now there is a model home sign up, a FOR SALE sign up, and house is filled with "model home" furniture. Doors are locked. We called the broker to "touch base" Sat. - he has not returned our call.
This is truly the house of my dreams, and I have spent countless hours - picking, planning and buying for it.
With this history, I ask...................How long is the contract we signed binding? Can he sell this house "out from under me"? and If he does, can I retrieve my money spent? Thanks
 


HomeGuru

Senior Member
frogl00ker said:
What is the name of your state? Ga
My husband and I entered into a contract to build a new home on Aug 2003, with no earnest money requirred. We had to sell our home that stipulation was in there. Proposed closing date was Jan 29, 2004. That date came and went and house wasn't completed and we hadn't sold our home. WE were at stand-off situation I guess - we didn't push hime nor he us. March, 2004 the same - incomplete - we hadn't sold. I in the meantime have spent about $2300.00 of my own money to make wanted improvements not included in contract (bookcases-brick mailbox-bought and paid for installation of all window molding-entrance door handle set). In April/May, broker for builder (his relative) stated they were going to "finish the home, make it a model home, and that would give us an additional 30 days or so". They started, called for an inspection - it failed on 4 counts- notice to fix and call for re-inspection. A statement to that effect was on the counter of "my then open home". May no completion, failure notice still there. June 6, 2004 same thing - nothing further done, notice still there and no evidence of "fixing the problems) - June 20, 2004 still no changes in the house - except sale pending down and FOR SALE sign up - called the broker and he stated we would have "first offer" but builder felt it was time to "finish this house".
In the meantime of all this waiting he has completed and closed two other new constructions (started after ours). June 28, now there is a model home sign up, a FOR SALE sign up, and house is filled with "model home" furniture. Doors are locked. We called the broker to "touch base" Sat. - he has not returned our call.
This is truly the house of my dreams, and I have spent countless hours - picking, planning and buying for it.
With this history, I ask...................How long is the contract we signed binding? Can he sell this house "out from under me"? and If he does, can I retrieve my money spent? Thanks
**A: you really need to take your contract to a local attorney for review.
 

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