new home blues

[clevoo]

we have had a home built in cleveland, a community redevelopement project, tax abated and with special mortgage interest rates. there are a number of unresolved issues, specifically, dampness in the basement, things which are on the drawing which weren't done, cleaning, etc. the things on the drawing include footers not being poured under the steel support columns in the basement, joists not being doubled as per the drawing, expansion joint not being sealed also as per the drawing. these seem to us to be fairly major and worth worrying about. the walk through was completed on 7/3/00 at which time we signed off on the walk thru sheet(against better judgement)but refused to sign the acceptance letter. some of the issues were noted on the walk thru and some were "blown off" by the builder's rep. on 7/7/00 we rec'd a letter from the builder stating that the house was substantially complete and if we didn't sign the acceptance letter the house would be put up for sale and we'd lose the money given to the builder. we had flooring installed by a contractor of our own which totalled about $10000. the letter says this must be done by 7/10/00. can they do this? what is my recourse?

[This message has been edited by clevoo (edited July 08, 2000).]

 

[Tracey]

Get thee to a real estate attorney; go.

I agree that these sound like very substantial failures to meet the contract terms, but can't be sure without seeing the whole contract. If B has not built the house to spec, you can walk away from the deal & B has to return your earnest money. You then have a claim against B for the $$ you spent on the floors, because B will be unjustly enriched if he gets to keep the floors for free.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.