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builder refusing to honor written yard work promises

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F

first try

Guest
What is the name of your state? AL.

This is my 3rd try getting this to post!! :eek: In '99 the bldr of our home agreed to warranty work on our yard's drainage problems. She wrote a memo in '99(sep. from the house contract), plus she's admited in her recent BBB replies of the work she promised. A lawyer advised we have a 6 yr. limitation on the bldr's promises.

Amg.the bldr's.excuses for not returning & finshing the work is: "non-payment," but she refuses to provide an itemized invoice for their initial work!(we rqst'd one thru the BBB). We have never been billed,nor given an amt. due- it was all under warranty!She also refuses to provide a copy of a paper(Affidavit of Acceptance), which she says we signed & was notarized at closing. Our copy isn't notarized,nor does it have our signature.Closing atty's do not have a copy,either.

Do we have a breach of contract for small claims? Should we fix the yard then sue her for monies owed?(Neighbors have fixed their prob's,but nobody has sued).

Thanks for any & all help. This was our 1st home & we've never dealt w/anything legal before!!
 
Last edited:


HomeGuru

Senior Member
first try said:
What is the name of your state? AL.

This is my 3rd try getting this to post!! :eek: In '99 the bldr of our home agreed to warranty work on our yard's drainage problems. She wrote a memo in '99(sep. from the house contract), plus she's admited in her recent BBB replies of the work she promised. A lawyer advised we have a 6 yr. limitation on the bldr's promises.

Amg.the bldr's.excuses for not returning & finshing the work is: "non-payment," but she refuses to provide an itemized invoice for their initial work!(we rqst'd one thru the BBB). We have never been billed,nor given an amt. due- it was all under warranty!She also refuses to provide a copy of a paper(Affidavit of Acceptance), which she says we signed & was notarized at closing. Our copy isn't notarized,nor does it have our signature.Closing atty's do not have a copy,either.

Do we have a breach of contract for small claims? Should we fix the yard then sue her for monies owed?(Neighbors have fixed their prob's,but nobody has sued).

Thanks for any & all help. This was our 1st home & we've never dealt w/anything legal before!!

***A: it may be a small claims action but since you never stated the amount of damages, we have no idea.
 
F

first try

Guest
HomeGuru,thanks for replying! I'll try to provide more info., you guys will have to be patient, I'm new to all this!

By "damages" do you mean the amt. we would spend to fix the prob. ourselves? The amt. would be under $1,000.( prob. around $500. or less. We did already purchase fill-dirt,which the bldr sent her empoyee to spread to help w/drainage. This is what they refuse to bill us for, yet say they won't finish the job b/c of "non-payment!" They wasted the fill-dirt & now we have to buy more. They also didn't call before coming & my husb. wasn't home to supervise the work.

The bldr also claims she had nothing to do w/the arrangements for the fill-dirt, but she was the one who advised how much was needed & sent her employee to spread the dirt!

Thanks for your tolerance as I "learn the ropes" in the forums!
 
F

first try

Guest
breach of contract/statute of limitations? or monies owed?

Ok, if I do small claims, should I suee for breach of contract? Or, should we fix the prob. & sue for monies owed? What are the statute of limitations on both in AL.?

Also, on my last phone call to the bldr. she accused me of "harrassment." What constitutes such? I called her maybe 1x ev. 2mth's, maybe less. In one of her BBB replies she says she didn't hear from us for over 1 yr. In the way of paperwork, I've taken more action.

I've registered our complaint w/3 or 4 internet sites & filed w/the BBB & Home Lic. Board. I asked the local Bldg. Insp. & Health Insp. to look at our yard. Both contacted the bldr. I also contacted a local tv station, who also called the bldr. I'm contemplating calling the tv station again, to see if they could rqst. our paperwork,which the bldr says contains our signature.

Is it even legal for a Realtor/Builder to refuse a customer their paperwork,esp. which she says conatins our signature? Aren't consumers supposed to always receive copies of anything they sign?

Can the bldr claim "harrassment" on the basis of the number of complaints I've filed? Can I safely cont' to file w/other grievance boards, etc?


This bldr. also has illegal building materials on her property on our street. (3 rather lg.piles of debris from house construction.) She denies putting it there,but it is on her property. Am I within my rights to report the dumping, or would this be considered harrassment?

This's lots of Q's, thanks in advance for helping!
 

HomeGuru

Senior Member
Re: breach of contract/statute of limitations? or monies owed?

first try said:
Ok, if I do small claims, should I suee for breach of contract? Or, should we fix the prob. & sue for monies owed? What are the statute of limitations on both in AL.?

**A: your lawsuit would be for breach but your damages would be for monies spend to remediate the problem.
**********
Also, on my last phone call to the bldr. she accused me of "harrassment." What constitutes such? I called her maybe 1x ev. 2mth's, maybe less. In one of her BBB replies she says she didn't hear from us for over 1 yr. In the way of paperwork, I've taken more action.

**A: she will not win on a harassment case since you are an injured party and have a legal right to keep contacting her in your attempt to resolve the matter.
***********


I've registered our complaint w/3 or 4 internet sites & filed w/the BBB & Home Lic. Board. I asked the local Bldg. Insp. & Health Insp. to look at our yard. Both contacted the bldr. I also contacted a local tv station, who also called the bldr. I'm contemplating calling the tv station again, to see if they could rqst. our paperwork,which the bldr says contains our signature.

**A: good for you. Most people would not go so far.
*********
Is it even legal for a Realtor/Builder to refuse a customer their paperwork,esp. which she says conatins our signature?

**A: no. Ok, if she is a Realtor, file complaints with the real estate association.
**************
**************

Aren't consumers supposed to always receive copies of anything they sign?

**A: yes, especially contracts for construction work and real estate.
***********

Can the bldr claim "harrassment" on the basis of the number of complaints I've filed?

**A: yes but she is full of hot air. As long as your actions are legal and your complaints are valid, true and can be suported by evidence, she has no case to win. Heck, you can even put out signs in your front yard stating, "yard does not drain, builder's a pain", XYZ Builder won't settle etc. You can even put up a website describing the problems, the history, include color photos of the problems etc.
You are protected and have a consitutional right to freedom of speech.
****************

Can I safely cont' to file w/other grievance boards, etc?

**A: yes.
***************

This bldr. also has illegal building materials on her property on our street. (3 rather lg.piles of debris from house construction.) She denies putting it there,but it is on her property. Am I within my rights to report the dumping, or would this be considered harrassment?

**A: report her because yu like a clean neighborhood and she is creating a rat pile.
***************
This's lots of Q's, thanks in advance for helping!

**A: good luck to you. Seems like you need to do a lot of work for under a $1000 claim.
 

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