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We signed a leagal document for closing on a modular home that

 
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  • Answered by:Barrister
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Customer Question

We signed a leagal document for closing on a modular home that had an itemized amount for every little thing. Since signing that document we have been asked to pay additional money for things that are already in the agreement. They asked for extra money for the storm shelter because we want a large one that they knew on signing. They have asked us for money for the garage at first it was 2850. now they want an additional 1500. They told us that the amount of extra needed was 6000. They said that they were able to talk down to 3000 and are willing to split the difference with us which is why they are asking for 1500. We were told in the begining that this was a turn key deal. That meant that we would turn the key and be in a new home. Since then we had to also pay for the water to be connected which has cost us 2500. we paid 490 for electric to be installed and 250 for a tin horn so we can have a drive way. It has not been the turn key agreement that we thought we were getting. My question is do we have to pay all of these extra fees that they keep tagging on? How can we protect our interests and be assured tha we are getting the house we orriginally agreed to.

One more thing. We were told that we would have a 7 year warrantee. We now do not believe a word they say. How can we know that they will honor the warrantee?

 

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State/Country relating to question: Oklahoma

Already Tried:
nothing. We don't know what to do.

Submitted: 304 days and 4 hours ago.
Category: Real Estate Law
Value: $59
Status: CLOSED

Accepted Answer

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Expert:  Barrister replied 304 days and 4 hours ago.

Hello,

Thank you for using JA. When a home contract is signed, both parties are bound under the contract to provide exactly what is stated in the contract. The buyer has to pay the amount agreed on and the seller has to provide what was promised in the contract. If buyer makes changes or requests additional items or options in addition to what was in the original contract, then the seller can charge additional fees for them.
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But if they are trying to charge additional fees for things already in the contract, then the buyer would be under no obligation to pay them and can file suit for breach of contract if the seller doesn't provide what was agreed on.
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So if buyer has requested a larger storm shelter than originally agreed on in the contract, the seller can request additional money to pay for it. Likewise for the garage. If one was promised in the contract, then the seller is obligated to provide it. If changed or enlargement is wanted, buyer has to pay for it.
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As for utilities, the seller typically has to provide a home that is ready to be connected to any necessary utilities, but not actually hook them up unless the contract stated they would bear this cost.
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BotXXXXX XXXXXne is that the seller has to provide exactly what was promised in the contract and if they fail to do so, buyer can sue for breach of contract for damages.
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As for the Warranty, if the seller fails to honor it, once again buyer would have a breach of contract claim. But something would have to come up that the seller wouldn't fix that was covered by the warranty before that claim would be "ripe" for suit.
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Thanks.

Barrister

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Expert TypeLawyer
Category: Real Estate Law
Pos. Feedback: 98.3 %
Accepts: 4187
Answered: 7/2/2012

Experience: 13 years real estate, Realtor. Landlord 24+ years

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