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I live in a new community with 18 new homes located in Kernersville, NC. The builder made a statement to all of the homeowners that financial problems are a big factor on why no more homes are being built. We were informed that the economy has made it very difficult for them to also honor our warranty work and we should use our insurance to get these items fixed. This has made many of us very upset, as some of the work was due after closing and never got done. Many of the homeowners were surprised to receive a lien the day they moved into their new homes. This was done by a contractor who was hired by McCar Homes to build their home. Therefore, my question is why and how they were able to sell the last completed homes and are still trying to finish two more? We have a few new homeowners who have not been here 6 months and were sold on lies. I know for a fact that McCar Homes is still working and selling homes, but they have decided to walk away from our community. Can this be possible?
State/Country relating to Question: North Carolina Already Tried: I tried contacting the BBB and they also tried getting a hold of the builder, but were unsuccessful. They got no feedback from them So, they sent me an email saying they really couldn't do much for our community. Time is running up soon as they have taken their signs down. I know they still have property and lots to sell... All we want is what is owed to us and nothing more.
What the builder is doing is unconscionable and actionable--meaning that the homeowners can collectively or as individuals sue the builder for material breach of contract and failure to fulfill warranty. Telling you to get your own insurance company to pay for work under warranty is not acceptable. You will need a very aggressive construction/contract lawyer to sue the homebuilder to enforce your contract.
Click on the links below to find local construction/contract attorneys:
http://www.lawyers.com/Contracts/North-Carolina/browse-by-city.html
http://www.lawyers.com/Real-Estate/North-Carolina/browse-by-city.html
Thank you for the quick reply.. So we can do something before its too late?
I do beleive they may fold but I know they're big in the Atlanta GA area and in other communities here in North Carolina. I'm just glad we can find help and I'm not wasting time. My neighbors will be happy with what i have found tonight. I'll make sure to floow the links you provided. ... God bless and Have a great evening. Anymore info please drop me a line. I'll be more than happy to [ay a fee if needed. i just need to make sure we get what we paid for..
Thank you
Yes, you would be able to do something before the company folds. Even if the company folds and files for bankruptcy, you can file a claim in the bankruptcy case. You need to consult with a construction/contracts lawyer, and a bankruptcy lawyer when the company files for bankruptcy. You would need to file a lawsuit now and hopefully get a judgment against the company so that if the company files for bankruptcy later, you can file a claim in the bankruptcy court.
Attorney-at-Law
Licensed in Massachusetts and New York
Thank you soooo much...... I've invested a lot of time and money to our first home. I'm a Desert Storm Vet and finally go the opportunity in using my VA loan. Just sad I ended up here...
Have a great week.... & God bless,
Al Aguilar (XXX) XXX-XXXX