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socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39144
Experience:  Retired (mostly)
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We're buying a new house in Vista, CA built by Shea. We're

Customer Question

We're buying a new house in Vista, CA built by Shea. We're down as 'non-contingent' as we could make the down payment for the house from our IRA if necessary. However we have a house and have sold it, being given till the end of December to move out. Originally Shea said our home would be ready at the beginning of Nov, then the end of November, and now 'sometime in December.' Whenever we ask for a final date for us to get the house and move in, they avoid telling us anything by telling us we were supposed to be 'non-contingent.' But do we any rights concerning them keep changing the final date?
Submitted: 1 year ago.
Category: Legal
Expert:  socrateaser replied 1 year ago.

Hello,

I am a member of the State Bar of California, the U.S. District Court for the Central District of California, and the California Association of Realtors.

Your rights concerning the date of completion is generally controlled by your purchase agreement. The only way that I could possibly provide competent advice in this matter would be to review the contract. If that's something that would interest you, I can send you an additional services offer and we can take the matter offline (customer legal services fees will apply).

The only other possibility would be proof of misrepresentation. This would require some marketing literature, or a witness to a statement by a representative of the developer, demonstrating that you were induced into buying the property based upon the developer's representation that the property would be completed by a specific date. Misrepresentation claims are difficult to prove, but if you can do so, then you would have a claim for damages against the developer.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

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