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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 39570
Experience:  Texas Attorney for 30 years dealing in real estate
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What is my recourse if the builder of my new home misses the

Customer Question

What is my recourse if the builder of my new home misses the closing date deadline?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you tonight.

If the builder is in breach of the contract then you can file suit for breach of contract.Your damages would include loss of use, expenses you incur, legal fees and costs.These are all available to you as buyer when there has been a failure to close and breach of contract.

You will need a local real estate lawyer to send demand letter for the amount of damages he calculates here along with legal fees and see if the builder resolves it or not.Otherwise a civil suit is your next legal remedy for the breach of contract here in South Carolina.You also need to see if your contract calls for mediation in that case you would have to mediate first here.

Expert:  Ray replied 1 year ago.

Lawyer referral

I appreciate the chance to help you tonight.I wish you the best getting some justice for all you have been through.

I wish you a happy new year.

Customer: replied 1 year ago.
The deed will be prepared in the name(s) of "My Name"
and delivered to the office of the closing attorney, or stipulated place
of closing with the transaction to be closed no later than 2:00 PM on December 30, 2015
Seller and Purchaser authorize their attorneys and/or Settlement Agent to furnish to the Listing Broker and Selling Broker
copies of the Closing Disclosure for the transaction.Can I get my Earnest money back being held in escrow?
Expert:  Ray replied 1 year ago.

If the sale doesn't close then yes you would make demand for return of your earnest money as well as the other remedies I set out above. You have good facts here to support compensation for your harm in addition to retunr of your earnest money.Again this is a breach of the sales contract here since the house was not completed and closed.

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