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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 53725
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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We are having a home builder build a house for us. Our contract

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We are having a home builder build a house for us. Our contract states that we will have public water and sewer. Construction is under way and we have just found out that we will have a communal septic tank pumped out by the county. Additionally, we were not shown the public works documents related to this and our builder forged our signature on the public water works application. We don't want this house or this builder. Can we void the contract and walk away?
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good afternoon. Not only can you terminate the contract, you are entitled to be reimbursed for any damages you've incurred due to the builder's misrepresentations and forgeries. Your builder is clearly in default here. What you want to do is raise the stakes on him so that he knows that not complying with your demands is going to cost far more in the end than simply agreeing to the termination and reimbursing you for any costs you've incurred so you are put back in the position you would have been had you never entered into the contract in the first place. You should send him a certified, return receipt requested letter detailing the history (including the misrepresentations and forgery) and inform him you are terminating the contract due to his default, and demand he reimburse you for all your damages within a short specified period of time. Inform him that if your demand is not timely complied with, you will have no choice but to file a suit for your damages. Be sure to specifically mention that you will be filing this claim not only as a breach of contract case, but also as deceptive trade practice and fraud causes of action, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit. Even if you have to file the suit, in my experience, simply filing the suit is typically all you need to do to resolve this outside of court because most of the time, once served with a summons they are being sued, the builder will want to settle out of court to avoid the fraud judgment being on his permanent record.

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Customer: replied 3 years ago.
Thank you so much! Does it matter that it is a private who has already taken draws from our construction loan?

You're's my pleasure to help! It does not, you will need to be reimbursed so that the construction loan can be paid in full. Since the builder will have the house so he can replace your loan with one of his own.
Richard and 5 other Real Estate Law Specialists are ready to help you
Thank you so much for the positive rating! I appreciate having had the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help! For easy access, my bookmark is:
Thank you also for the generous bonus! I appreciate your kindness!

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