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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 5647
Experience:  28 years of experience in general practice, real estate law and estate law.
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UI am in the process of having a home built. The issue is,

Customer Question

uI am in the process of having a home built. The issue is, the kitchen island/breakfast nook is 2ft in my living room. I was told the house needed to have the living room and the dining room extended 2ft for the island to fit proper. The island does not fit properly when it is 2ft in my living room. After speaking with one of their salesperson, the stated that the 2ft should have been added to the kitchen and hall way. Inverness, the builders, are saying that they are not willing to fix the problem because I signed the blue print. I am not an architect or an engineer. Their person wrote the plan and stated what we needed for the island to fit properly. They have not given a closing date but stated if I do not show up at closing they will sell the house. What are my options?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 1 year ago.

the builders, are saying that they are not willing to fix the problem because I signed the blue print. I am not an architect or an engineer. Their person wrote the plan and stated what we needed for the island to fit properly. They have not given a closing date but stated if I do not show up at closing they will sell the house. What are my options?

Welcome and thank you for your question. If you can attach a copy of your contract we can see whether you would be in breach of contract if you do not agree and do not close.

Customer: replied 1 year ago.
I do not have it with me. Do have a leg to stand on yes or no? The house is not what they said it would be and they are not willing to correct the problem. Who would need to fix the issue if they said the footage was needed for proper fitting and it was not correct, who should eat the cost. I guess everyone is out to be crooks anymore.
Expert:  Attyadvisor replied 1 year ago.

Do have a leg to stand on yes or no?

I wish it were that simple. It depends on what you agreed to in the contract. I would be looking for language that would show the builder in default and hopefully benefit you as the purchaser. As a general rule builder contracts are pro the builder and not advantageous to the purchaser.

There are other avenues that you can take if they are not following State Law requirements. There are consumer protection laws.

Customer: replied 1 year ago.
No thank you. So you are saying the contract may read that if they make a mistake it is okay but if it was a mistake on my part I have to pay to correct if I want it fixed?
Expert:  Attyadvisor replied 1 year ago.

Believe it or not, after 27 years of practicing real estate law, most builder contracts provide the builder with leeway for a "mistake" depending on the nature of the mistake. Perhaps this builder has a copy of their contract online.

Customer: replied 1 year ago.
I am searching for the contract online now
Expert:  Attyadvisor replied 1 year ago.

It will be interesting to see the language. Take your time I will be online for the next few hours.

Expert:  Attyadvisor replied 1 year ago.

Were you able to find a copy of the contract? I can also provide you with a link for local attorneys that provide free consultations as a new is a very important purchase I want you to be protected.

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