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Builder won't finish job

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jvis17

Junior Member
What is the name of your state?What is the name of your state? Louisiana
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I am approaching the end of a 1 year new home warranty. My builder agreed verbally to fix several items not covered under the warranty, one of which has been started but never completed. I sent a certified letter to my builder asking him to complete the work he verbally agreed to completing. I also warned that if the work was not completed that I would distribute fliers and display signs targeting potential buyers warning them of my bad experience.

I received a reply from his attorney in which he stated what I already knew, that the items weren't covered under the warranty. He also threatened that if I went through with the fliers that he would "take all legal action available, including but not limited to, injunctive relief and damages".

First off, can I hold him to his verbal promises to fix the non-warranty items? Second, if I distribute fliers and display signs that don't mention his name or company can he take action against me? Thanks for any help!
 


shortbus

Member
If the builder agreed fix the items as part of the warranty, that's a valid modification of your warranty contract.

If the build agreed to fix the items as a favor to you, outside the warranty, that's not a valid contract -- that's just a favor. He doesn't have to complete it.

Your attempt to get the builder to comply by threatening him with negative flyers was a bad move. That's harassment. If you follow through, even if the name isn't on it, I assume it will be reasonably clear who you're talking about. He can claim against you for libel, tortious interference with contract, interference with prospective economic advantage, etc.

Remember what your momma said ... two wrongs don't make a right
 
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