New Home

[NewHomeBuyerLaura]

We just settled on a new home last week and was reviewing the documents today and realized that the builder did not charge for an addition that we requested. The addition was approx. $4,000. We requested the addition back in February and no papers were signed, although we know that they remember adding the addition. My question is, can the builder now charge us for the addition? It would be difficult to come up with the money as we would have financed if we had known. Thanks for you advice. )

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by NewHomeBuyerLaura:
We just settled on a new home last week and was reviewing the documents today and realized that the builder did not charge for an addition that we requested. The addition was approx. $4,000. We requested the addition back in February and no papers were signed, although we know that they remember adding the addition. My question is, can the builder now charge us for the addition? It would be difficult to come up with the money as we would have financed if we had known. Thanks for you advice. )<HR></BLOCKQUOTE>


My response:

Don't know what your State is, so we can't tell you the Statute for written agreements, or laws regarding improvements to land.

Sorry.

IAAL


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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited June 05, 2000).]

 

[I AM ALWAYS LIABLE]

x

[This message has been edited by I AM ALWAYS LIABLE (edited June 05, 2000).]

 

[NewHomeBuyerLaura]

Thanks anyway for your response. The state is MA. The addition was actually a change order to the new construction of the house. If they have the right to go and charge us for these items after we have settled, when does it end? We are always liable? If they discover the error in 6 months, we would be liable to pay? What a nightmare. Thanks alot for the quick response.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by NewHomeBuyerLaura:
Thanks anyway for your response. The state is MA. The addition was actually a change order to the new construction of the house. If they have the right to go and charge us for these items after we have settled, when does it end? We are always liable? If they discover the error in 6 months, we would be liable to pay? What a nightmare. Thanks alot for the quick response. <HR></BLOCKQUOTE>

My response:

MA has a 6 year Statute of Limitations on written contracts. Despite the fact you "settled" on the property, the fact remains that there was a "mistake" - calling into question whether or not there is a "failure of consideration." If a court rules there was such a failure, the contractor could have the settlement "set aside" on "equity" grounds have the court amend the settlement to show a remaining debt. Somehow, try and put $4,000.00 aside, or start saving toward it, just in case he calls or writes and asks for it, or sues you for it. If he does contact you, and you don't have the money, tell him that since there was a "mutual mistake", you want to work with him on the matter by making a "side contract" to pay him monthly payments until paid in full. In the meantime, and until he should communicate with you, keep your mouth closed, and start saving. It could come back at you in the 5th year.

IAAL

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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[NewHomeBuyerLaura]

How depressing. We could of financed the $4,000 for a very little increase in the monthly payment. I will do as you say and set aside the money and hope and pray he doesn't call. Thank you very much for your advice.