How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Attyadvisor Your Own Question

Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 3415
Experience:  25 years of experience in general practice, real estate law and estate law.
Type Your Real Estate Law Question Here...
Attyadvisor is online now
A new question is answered every 9 seconds

FOR LESLIEESQ, ATTORNEY ONLY

Resolved Question:

FOR LESLIEESQ, ATTORNEY ONLY
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 10 months ago.

LeslieEsq :

Hello

Customer:

Hi! I have several follow-up questions.

LeslieEsq :

No problem

Customer:

Since I know the builder, and I know how he might react, should I mention that if he doesn't agree to replace the cabinets, I will contact my attorney, file a complaint, etc.?

LeslieEsq :

You can always keep that in your back pocket depending on how he reacts.

LeslieEsq :

When os the closing?

LeslieEsq :

oops "is"

Customer:

Well, it was supposed to be September 31st, but then was pushed back to October 15th, but now we are told it will likely be the first week of November.

Customer:

Which is my next question.

LeslieEsq :

He is slow and unprofessional?

Customer:

Yes.

Customer:

The contract reads: "The estimated completion date is approximately . . . This is approximately when the home will have passed the final inspection of the appropriate building inspector. Buyer acknowledges above completion date is an estimate only and Seller will not be liable for any delay in completion of work caused by factors outside its control such as weather conditions, material and manpower shortages and delay in selections by Buyer."

LeslieEsq :

Ok

Customer:

Does this give him the ability to keep changing the closing date?

Customer:

Forever . . .

Customer:

If he wants to.

LeslieEsq :

Yes and no.

LeslieEsq :

In law there is the requirement that parties contract in good faith.

LeslieEsq :

If his extensions become unreasonable he will be acting in bad faith.

Customer:

Makes sense.

LeslieEsq :

Bad faith breaches the contract

LeslieEsq :

You have a great contract clause


"Buyer has the right to have an independent home inspection done, at Buyer's expense, prior to closing, to Buyer's complete satisfaction.


Buyer or Buyer's designated representative may enter and inspect the House at reasonable times and in such manner as not to interfere with the progress of construction for the limited purpose of determining whether the work performed or being performed conforms with the plans and specifications and the terms of this agreement and any addendum's. In the event that during construction the Buyer shall reasonably determine that such construction is not proceeding in accordance with this offer to purchase, Buyer shall give written notice to Seller specifying the particular deviation, deficiency, or omission, and the Seller shall promptly correct such deviation, deficiency, or omission.


All finishes and features are to be equivalent or better than the quality of the finishes and features of the model home, even if no upgrades other than those specified on this specification sheet are selected."

Customer:

If he breaches the contract, we would get our earnest money back (although we might have to go to court to get it as the contract says both parties must agree authorizing the disbursement), but what about additional money we paid them for optional upgrades?

Customer:

Yes, I added all of those.

LeslieEsq :

Once we have bad faith you can ask for other damages

LeslieEsq :

Good for you! That is terrific

LeslieEsq :

Do you think he will breach?

Customer:

Yes. Part of me thinks he is trying to breach.

LeslieEsq :

I wonder why.

Customer:

So he could sell the house for more. We were the first one to sign a contract in the neighborhood and the prices have gone up.

LeslieEsq :

Got it!

Customer:

We also chose a couple of other upgrades, but paid a third-party for the extra amount. For example, we chose Caesarstone instead Granite, which cost us an additional $2,000. We paid that directly to the countertop company. How would we get that money back?

LeslieEsq :

That would not be a great move on his part, Aside form suing him you can file a complaint against him with the State, BBB complaints etc.

LeslieEsq :

You can include that in your damages if he breaches and the material is not refundable.

Customer:

Can you sue for more than the earnest money and cost we paid for the upgrades?

LeslieEsq :

As I stated bad faith opens the door for damages.

Customer:

Ok.

LeslieEsq :

This should be a happy experience, not stressful.

Customer:

This isn't the only problem we've had.

Customer:

It's been one thing after another.

LeslieEsq :

I watched my house being built and found so many mistakes. In the end everything was perfect.

Customer:

I agree. My wife and I were so excited to build this house but it has turned into a nightmare. We have tried to be nice and we have tried to be firm and nothing seems to work. That is why I am sending this letter.

LeslieEsq :

I understand

Customer:

Do you think sending the letter requiring them to replace the cabinets and fireplace is the right move?

LeslieEsq :

You have to stay on top of these builders.

LeslieEsq :

Without seeing the cabinets and fireplace it is hard to say.

LeslieEsq :

I made my builder replace shower doors

Customer:

Thanks for your help. I'm going to email the letter and also send a copy by certified mail.

Customer:

Hopefully he'll do the right thing.

LeslieEsq :

That sounds great. Let me know how everything works out.

Customer:

I'm sure I'll be back to ask you more questions in the future. Thanks again. By the way, do you agree with the other expert that said we could just go in and replace the cabinets and subtract it from the settlement amount at closing?

LeslieEsq :

I did not like that idea. I told him it was time to sign off for the night and he did.

LeslieEsq :

Funny you should ask

Customer:

Nice.

LeslieEsq :

I said it very nicely

Customer:

You were nicer than me.

Customer:

Thanks again for your help!

LeslieEsq :

You are very welcome.

Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 3415
Experience: 25 years of experience in general practice, real estate law and estate law.
Attyadvisor and 16 other Real Estate Law Specialists are ready to help you
Expert:  Attyadvisor replied 10 months ago.
Thank you. Good night.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    6227
    20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    4966
    13 years real estate, Realtor. Landlord 24+ years
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    4446
    I've more than 27 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg Ray's Avatar

    Ray

    Lawyer

    Satisfied Customers:

    4030
    Texas Attorney for 29 years dealing in real estate
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    2377
    12+ yrs. of experience including real estate law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    2355
    B.A.; M.B.A.; J.D.