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Samuel-II
Samuel-II, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 27009
Experience:  Practice of law for 20 years
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Tamatha My builder set the basement foundation 44sf too

Customer Question

Tamatha My builder set the basement foundation 44sf too small. Is there a way for me to figure out an appropriate financial refund now due to me?!?
JA: Thanks. Can you give me any more details about your issue?
Customer: When they set the Superior walls there were either ordered incorrectly or incorrectly poured. Now my basement is 44sf smaller than the plans specify.
JA: OK got it. Last thing — Real Estate Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 9 months ago.
Category: Consumer Protection Law
Customer: replied 9 months ago.
I paid my deposit and am still waiting for a response.
Expert:  Samuel-II replied 9 months ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

I suggest you need to talk to your builder and ask them to provide you with the cost per sq ft to do the construction. Then you will want to deduct that amount by the loss of the 44 sq ft that the foundation was short. And if the entire house is short, you will consider that cost per sq ft for the total shortage.

Customer: replied 9 months ago.
I don't want to ask my builder what the cost per sf to do the construction is. His answer would be very biased. Isn't there another way for me to come up with a compensation value?!?
Customer: replied 9 months ago.
The loan for this construction has already closed, so I am paying for the 44sf over my 30 year loan. There has to be some value to this above and beyond the cost of construction. I'm not getting what I am paying for.
Expert:  Samuel-II replied 9 months ago.

Well, it is best to get the cost per sq ft. And you could call in another builder to get an appraisal. But your contract should state the price per sq ft.

You can call the lender for the cos per sq ft. The lender should have all that information. I fully understand your situation. But you need to come up with the cost per sq ft if you are going to begin negotiations with your builder.

Expert:  Samuel-II replied 9 months ago.

There really is no way without knowing what the price per sq ft was under contract.

Customer: replied 9 months ago.
Are you referring to the bank contract or the contract between myself and the builder?!?
Expert:  Samuel-II replied 9 months ago.

The contract between you and the builder. The lender always requires a copy of the contract.

Expert:  Samuel-II replied 9 months ago.

I wish there was an easier way for you to begin to negotiate. Of course you can pull a number out of thin air say $5000 and start there. But that is your decision. Either you get the amount per sq ft or you just tell them you want whatever amount you feel will make you whole again.

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