vacant land purchase and sale agreement

[mike berry]

In the spring of 2001 we purchased a tract of land in washington state. In the agreement, it is stated under item 12 (headed "other items") that pud power would be supplied to the property line, as well as phone lines. We were assured verbally several times that this would be completed soon- as in sometime over the summer, as we are planning to build on the site as early as spring 2002. They assured us that this would not be a problem.
In a phone converstaion last week I was told that power/phone would go in sometime between july and september of this year. this is not acceptable to us because we need power this spring to get our well on-line and begin building on the site.
what can we do to expedite power and phone installation.

 

[HomeGuru]

Have an attorney send a demand letter.

 

[mike berry]

yes, we are planning to do this or at least send a letter registered mail with a cc to our attorney. we would like to avoid a conflict over this, as they seem to be acting in good faith. it is possible that they didn't realize we needed the power out there soon.
what do you recommend we say in the letter?

 

[HomeGuru]

yes, we are planning to do this or at least send a letter registered mail with a cc to our attorney. we would like to avoid a conflict over this, as they seem to be acting in good faith. it is possible that they didn't realize we needed the power out there soon.
what do you recommend we say in the letter?

My response: it should have been stated in the contract explicitly with the dates.

 

[mike berry]

if no date was specified in the sale agreement, but power and phone are to be provided at no extra cost then legally doesnt that mean "within a reasonable time"? We are approaching 1 year since the purchase and feel that this may qualify as unreasonable.
any input on this??

 

[HomeGuru]

if no date was specified in the sale agreement, but power and phone are to be provided at no extra cost then legally doesnt that mean "within a reasonable time"? We are approaching 1 year since the purchase and feel that this may qualify as unreasonable.
any input on this??

My respnse: no, legally there is no date to comply therefore it is up to them as to when they comply. Either hire that attorney or keep waiting until summer of who knows what year.