• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Problem with builder

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

E

eak123

Guest
What is the name of your state? florida

I am in the process of purchasing a home in Florida in an over 55 gated community. I am having a house built and several months ago signed all the papers giving me 6 months to begin construction on this house. I placed $5,000.00 down to freeze the cost of the house until it's completion and have been waiting the last several months for the final blueprint. I selected everything for the house while I was in Florida and now the builder is saying that I have to begin construction immediately since the costs of the homes are increasing so drastically. Prior to this plan, the builder falsified the diminsions in two other blueprints, saying they are not sure exactly how that happened. Can they legally change the time frame in starting the construction of this house since I have everything in writing?
 
Last edited:


K

krispenstpeter

Guest
Is this the same problem you're having with this thread? :D
 

HomeGuru

Senior Member
eak123 said:
What is the name of your state? florida

I am in the process of purchasing a home in Florida in an over 55 gated community. I am having a house built and several months ago signed all the papers giving me 6 months to begin construction on this house. I placed $5,000.00 down to freeze the cost of the house until it's completion and have been waiting the last several months for the final blueprint. I selected everything for the house while I was in Florida and now the builder is saying that I have to begin construction immediately since the costs of the homes are increasing so drastically. Prior to this plan, the builder falsified the diminsions in two other blueprints, saying they are not sure exactly how that happened. Can they legally change the time frame in starting the construction of this house since I have everything in writing?
**A: have an attorney review your contract. And tell him/her "sorry, I did not have you review this contract before I signed it"?
 
P

Peety

Guest
I wouldn't appologise just yet .....

..... If you get a Lawyer, he'll make sure you will pay for the advise anyways. So why pay with money and words? Let your wallet speak for you, Lawyers understand this better anyway.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
A blueprint is what the building department uses, and therefore is a very important document. It depicts the structure that has been approved to be built on that property (the "permitted" building). It is what the inspectors will use to check on the work performed by the contractor(s). It is what the engineer (allegedly) has calculated to make sure the structure meets certain specifications and requirements. It is what will go "on file" as what exists on that property. The building department doesn't give a rats @$$ what some contract says in it.

A "blueprint" is not a contract. It may be referred to in a contract, it may even have a place for you to sign (or approve) this drawing, but it doesn't supercede a written contract, especially if it doesn't "agree with" the contract, and if it is "approved" at a time different from when the contract is signed.

A contractor should be, according to contract law, acting "in good faith". The contract is the agreement, the blueprint serves as a dimentional depiction of what is agreed to in the contract. Both documents should be complete and correct at the time you sign the contract and approve the "plans". Individually and together, they should define exactly the same building, in definition and in area (or square footage). The contract and the blueprint should "compliment" one another, not "conflict" with each other. You should recieve, and keep for your records, a copy of the blueprints and a copy of the contract.

When I had my contractors license, I made sure the blueprint was complete and correct at the time of the signing of the contract, and it was included as part of the contract, and it was signed along with the contract stipulating their approval of said "plans".

My blueprints stated on them the over-all square footage, as well as dimentioning where needed, and as needed. My contracts had a clause in it concerning the effect changes would have on said contract: in (a) "time of completion", (b) "additional charges incurred", and (c) "payment schedule" for additional charges for desired changes. Changes made after the building permits were issued were usually very expensive. My contracts also had a clause in them concerning variances (by either party) and what compensations will be made: how, when and by whom. Those were usually costly to me.

Contractors calculate the price of your home based on $$$ per square foot. If they are trying to short-change you in overall area, the price should be smaller as well. Make sure you're getting all that you are paying for.
A word of caution ~ if he's already getting shadey, ......
better turn on the lights, and keep a close eye on him.
 
Last edited:
E

eak123

Guest
reply to peety

thanks for your reply peety. I do have a signed contract along with a blueprint for the house with all diminisions and stipulations. There were to be a few minor changes, but nothing that would affect the cost. The contract clearly states a starting date, in fact, they made an error and dated the starting date for 2005 instead of 2004. The problem I have is they are now claiming they cannot wait to start construction in Sept. as originally agreed, they have to begin now because of rising construction costs. We even selected all of the colors and design of the house. They originally were to build another house for us that we saw in another development, but said they could not build it because of restrictions of "STEALING" another plan. We then chose a different house that they had in their planned development and made some modifications, which they agreed to and came up with the cost. I need to know if they can change a starting date even though they agreed to a later date?

EAK123
 
P

Peety

Guest
The building department has the final say in when the construction can commence. They can turn down submitted request for building permits (for cause) like because something needs to be engineered, or because they don't comply with the UBC. But moving the date forward is another matter. Sounds more like the contractor ran out of work and is trying to stay busy.

I would assume that raising costs of both materials and labor entered their minds when making the agreement with you. If not it should have. If I were making a contract, I would definitely put in a clause allowing for more money to be paid "due to an increase in material costs", if the work was not to be started for more than four months from the date of signing a contract. Labor costs are predictable and able to be controlled, but fluctuations of material cost is a known and real phenomenon, even within a short period of time.

A contract is just that, once signed (and especially once any payments have been accepted) it is binding to both parties (barring the three-day allowable cancellation period if signed in your home). You have a right to hold them to the original contract. They have the right to attempt to negotiate with you, but you are not required to accept these "offers."

BTW ~ Floorplans are not something that are able to be "owned." You cannot be sued because you build a house (or have one built) that is the same as what is depicted in someone elses blueprints. IMHO ~ that was a tactic used to "soften you up" for other consessions they hoped to get you to agree to. If they stole (or used) someone elses blueprints as a means of defraying the cost of drawing up their own, that is between them and that other party, you are not liable for how they conduct business. Even if they use blue prints that don't belong to them, you can still have that house, built that way, with no liabilty whatsoever.
 
Last edited:
E

eak123

Guest
peety

Thank you so much for your reply. You are about the third person that has told me that since they did accept the down payment, which was the percentage they told me I had to have, that the builder could not break this contract. Apparently, you have worked in the construction business since you seem to know a great deal about construction legalities. I have not cashed the check that they returned to me that was placed as the down payment. I am afraid that if I do that, then I am admitting defeat in this matter. I plan on going to the Florida real estate commission and also the Attorney General if I have to. Since this is a 55 and older community ( I am not 55, but a percentage of the residents can be younger) I am betting that they do this type of underhanded business with a lot of older people and they just agree to any terms they stipulate. I would gladly choose another builder, but I cannot do this if I want to leave in this particuliar community since they are the only builders permitted in this place. I want to live here because this is where my brother just moved to and I would like to be close to he and my sister in law. I hope I can get some more input from some other people. Once again, thanks a bundle peety for your advice.
 
P

Peety

Guest
You said they gave you a check ..... returning your deposit?
But you still want to have a house built in that community?

My Questions
... did they mail the check to you with a letter, or ....
... did they hand you the check ?

.... if they handed it to you what was said by them .... and by you ?
.... how many people were there ?
.... were there any (un-biased) witnesses there & do you have a way to contact them ?


The real estate commisioner may be able to force the issue, and make them allow another builder to proceed in that developement. Maybe. But only if you have all these shenanigans they've been pulling well documented, witnessed, and provide the decisionmaker with sworn affidavits. You have the "customer is always right" & "consumer protection" thing on your side, but he can easily say "I'm the professional here." I've never gotten into that situation at that level .... so I don't know how to advise you there. Anyway ~ If you don't get anywhere with them, or it becomes too much trouble, then you might try the following ......

You might approach the contractor and ask that they act as "the general contractor" for your project "in name only" for a fee (of course), allowing another general contractor to come in and do the job with his sub-contractors as needed. If you choose this route I'd also suggest: don't go with a percentage, offer a flat fee; that way he won't have a reason to be nosey, and won't be an added burden on the contractor you've chosen.

They'd still maintain their sovereignty, and get a (small) fee to boot, and someone else would be doing all the work. Not a bad deal for him. Not a bad deal for you, if you're willing to fork out the extra fee to be in that community, yet don't want THAT contractor doing the job.

If you go this route ...... get references before choosing a sub-general contractor ..... and call those references ..... all of them, asking about timelyness, workmanship, professionalism, and would you do business with them again ??
 
E

eak123

Guest
hi peety

Hi Peety,

The check was MAILEDback to me 2 months after the signing of the contract. The builder states there was not a contract, but yet we selected everything for the house with their designer. Why would they have taken an entire day to sit down with us to do all this work if there was NOT a contract?
Unfortunately, no other builders are permitted into these communities. How it is basically set up is a developer comes into these retirement communities and purchases property. Then, we will sell so much of this property to either one or two building companies who then come in and build the houses. The builder will then hire real estate agents from a realtor to come in and sell the houses. Believe me, if I could get another builder, I would, but if I want to live in this delopement, which I do since my brother lives there.
It has taken them over 2 months to decide that we did not have a contract. When they mailed back the check with the letter, they told us that if we do not contact them by June 14th, they lot we selected would be sold to someone else. However, when we call to tell them to begin construction now, but ONLY at the price stated in the contract, they never return my calls. I think the builder is ignoring my calls until AFTER the 14th, and then he'll say it is too late. I plan on sending him a letter today, Registered of course. This way he cannot say he was never notified. He states there is no contract, but yet he wants us to build the house at a higher cost, which I refuse to do. I won't let this drop, because I am sure he has done this to a lot of older people an taken advantage of them. I am not at the retirement age, I am 52 years old, but I can still purchase in this 55 and older community because only a certain percentage of the residents have to be 55 and older. They tried to have me pay more money for another house we were having designed by adding false footage onto the house, and when I refused to pay them $20,000 more because I knew the footage was incorrect, they said they could not build that house because of copywrites. Thanks for all your help on this Peety, and hope you may have some more advice on this.

eak123
 
P

Peety

Guest
No Contract ?????

If you signed a contract ..... you should have a copy.

Do you have a copy of the contract ????
 
E

eak123

Guest
hi Peety,

We have a copy of what we believe to be a contract. We spent a week with this builder to design a house, for the second time, and select everything with their designer. We selected all the colors, carpeting, tile, cabinets, etc. All of this is in writing with our initials and theirs. We also initialed and signed a contract in all the area where we were instructed to sign or initial. We have not only the copies of all this paperwork, but also the blueprint for the house. They were to send us a final blueprint with some minor changes that we wanted. Now the builder is saying there is no contract because the one page that was to have his signature and ours is not signed. How were we suppose to know this? We did what the real estate agent told us to do. I just refuse to let them get away with this, because I am sure they have done this to some older people who live there and most likely, have taken advantage of them because of their age. I am sure they may have overcharged these people for footage that was not even in the houses built. My problem is that some people are telling us it is very difficult to win over these builders in florida, especially the ones building in these 55 and older communities.
 

HomeGuru

Senior Member
eak123 said:
hi Peety,

We have a copy of what we believe to be a contract. We spent a week with this builder to design a house, for the second time, and select everything with their designer. We selected all the colors, carpeting, tile, cabinets, etc. All of this is in writing with our initials and theirs. We also initialed and signed a contract in all the area where we were instructed to sign or initial. We have not only the copies of all this paperwork, but also the blueprint for the house. They were to send us a final blueprint with some minor changes that we wanted. Now the builder is saying there is no contract because the one page that was to have his signature and ours is not signed. How were we suppose to know this? We did what the real estate agent told us to do. I just refuse to let them get away with this, because I am sure they have done this to some older people who live there and most likely, have taken advantage of them because of their age. I am sure they may have overcharged these people for footage that was not even in the houses built. My problem is that some people are telling us it is very difficult to win over these builders in florida, especially the ones building in these 55 and older communities.
**A: check out www.hadd.com
 
E

eak123

Guest
I checked out hadd and read some of the articles in the orlando Sentinel. It appears that it is pretty difficult to take any legal action against these builders, but I will if I have to. My first steps will be with the Fl. real estate commission, the Attorney General's office and the Better Business Bureau. I just need as much information as I can get to help me with this issue when I talk with the builder in a couple of days. I think if he feels I know what I am talking about, he may just give in and build the house so I won't take the next steps. I really believe that they have done this type of thing so many times before to older citizens, that it has just become second nature to them. Hopefully, if I don't give up, that they may think twice before doing this to someone else in the future.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top