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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 17531
Experience:  B.A.; M.B.A.; J.D.
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I am planning to buy a house that is new construction.

Customer Question

I am planning to buy a house that is new construction. Builder says they will close by February 2017 but they do not want to put the closing date in the contract in any way. I asked the reason and they say that there are many unknowns such as weather , inspections by city etc. I asked them to put a statement in the contract to exclude force majeure and promise a close date. They insist their contract is standard and nationwide. Am I being unreasonable and this is this common practice in new constructions or the builder is unreasonable? Will I get burned by signing such contract?
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Phillips Esq. replied 2 months ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 2 months ago.

The builder is being unreasonable. There needs to be a closing date. The date can always be changed. So, I will not sign a contract without a potential closing date, if I were you.

Your specific questions:

Am I being unreasonable

Response 1: No, you are not.

and this is this common practice in new constructions or the builder is unreasonable?

Response 2: The builder is being unreasonable.

Will I get burned by signing such contract?

Response 3: Yes, because you would be at the mercy of the builder. He would not be in a rush to do anything because there is no date. He can drag it to 2018 and still not be in breach of the contract because there is no closing date.

Customer: replied 2 months ago.
Would you please provide me a typical contract language that I can ask to be included in the contract that protects me from builder slipping the date beyond closing date.
Expert:  Phillips Esq. replied 2 months ago.

I cannot do because that would be giving you legal advice, which is prohibited by terms of service.

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