Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

I am about to close sale of a new home construction (in the…

Customer Question
I am about to...

I am about to close sale of a new home construction (in the state of washington). When I visited the site last week, i find that the exterior coloring of the house is really ugly and is obvious that it was just done in haste with no attention being paid to aesthetic. All the other houses in the community has one of 3-4 standard schemes except mine and it just stands out in an ugly manner even though I paid the standard price. I consider the work sub-standard. But according to the sale of contract, the exterior coloring scheme is totally determined by the builder and I have no say in it. The builder has told me they wont do anything to address my concern. Do I have any legal option to address my concern or atleast walk out of the contract with earnest money intact.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Washington

Lawyer's Assistant: Has any paperwork been filed?

Yes

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The contract also mentions that any disputes will be resolved only by arbitration.

Submitted: 11 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 3 minutes by:
9/12/2017
Lawyer: Legal Eagle, Lawyer replied 11 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,079
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. This appears to be a classic breach of contract. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. In your case it is a bit tricky because there is a difference between a material breach and a minor breach and breaches based on objective or subjective criteria. In your case, you would have to argue not only was this a material breach, meaning that your right to receive a benefit in the contract has been terminated, but also that your subject belief that the work was done is reasonable. One of the things that you could do to help is maybe contact some other contractors in your area who do the same kind of work and ask them their opinion on the home. Also, you may want to ask an appraiser who specializes in valuing homes whether this hurts the value. This way, you could further prove that your belief is not only reasonable, but it may also be objective as well. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Legal Eagle Your Own Question
Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,079
14,079 Satisfied Customers
Experience: Licensed to practice before state and federal court

Legal Eagle is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
I was going to buy a house and have decided its not the
I was going to buy a house and have decided its not the right one for me and want to terminate the contract. I am willing to forfeit my earnest money... which is 4000 dollars. The builder does not wan… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
38,228 satisfied customers
I signed a contract to go forth with the purchasing of a lot
I signed a contract to go forth with the purchasing of a lot for a home to be built by "Bellaire Homes" in Converse, TX. I provided $2500 as earnest money and per the contract, that amount is nonrefundable. However 3 months later, I no longer want to go forth with the purchase/building due to misrepresentation of the consultant. I requested the return of the earnest amount and was denied. I then refused to sign the "termination" letterThe contract has an arbitration clause to resolve disputes. I want to go forth with arbitration. … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
37,232 satisfied customers
I am building a home currently here in Florida. They the
I am building a home currently here in Florida. They laid the tile and it is all incorrect both in the 3 bathrooms and in the main house. We selected a blue, grey and white tile for the main house in … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
FOR ANDREA ESQ., ATTORNEY ONLY We currently have a home under
FOR ANDREA ESQ., ATTORNEY ONLY We currently have a home under contstrution. It is about 2/3 of the way built. We put $10,000 down in earnest money and have spent an additional $10,000 in optional upgr… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
I need help on this. I am writing an appeal to appeal a decision
I need help on this. I am writing an appeal to appeal a decision by the Historic Preservation Commission for the City of West Hollywood in California for the location and structure of the Tower Record… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
My general contractor sent me a contract for construction two
My general contractor sent me a contract for construction two small offices in my coomerical location. I would like some to view the contract for my protection. Will I be able to send it online for on… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
Hi, I have an issue with a home builder in Northern Virginia
Hi, I have an issue with a home builder in Northern Virginia regarding a construction contract. After accepting the cost proposal, I met the builder company Vice President (VP) to sign a contract to b… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,843 satisfied customers
I am a small general contractor, king county, Washington,
I am a small general contractor, king county, Washington, State. I have a client who is refusing to pay the last invoice ($3500.00). He is claiming damages were done to his home. I was there after the… read more
BizAttorney
BizAttorney
Attorney
Doctoral Degree
1,658 satisfied customers
We are in the process of buying a home, and our financing is
We are in the process of buying a home, and our financing is taking longer than expected. During construction of the home, we added about $38K in options, and paid a deposit on those options of 50%, o… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
My wife and I have been in the process of building a new home
My wife and I have been in the process of building a new home since last October. Our closing date was scheduled for today, but last Thursday (four days before closing) our builder informed us that th… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,773 satisfied customers
I did not see California Contractors License Law Is there
I did not see California Contractors License Law? Is there any one that can answer a question on contractor's license law. I am a contractor and I have an arbitration hearing next week. The issue is w… read more
socrateaser
socrateaser
1,031 satisfied customers
We had to have a sewer line ran through the middle of our pasture
We had to have a sewer line ran through the middle of our pasture for a housing additon several miles away. We were paid good money for an express easement for it even though we didn't want it. We liv… read more
AlexiaEsq.
AlexiaEsq.
Managing Lawyer/Advocate
Doctoral Degree
37 satisfied customers
We have had a 4 year running battle against the builder of
We have had a 4 year running battle against the builder of a house and pool in florida. The main problem has been leakage from the cleaning system pipework which we have now had repaired at a cost of … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,843 satisfied customers
I entered into a contract to purcahse a home in Henderson Nevada.
I entered into a contract to purcahse a home in Henderson Nevada. The purchase price was $499,995. We made a deposit of $25,000 which the documents say is binding and nonrefundable. The problem we hav… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
38,228 satisfied customers
I bought a new house from a builder,but I rented this new house
I bought a new house from a builder,but I rented this new house immediatley , then 3 months later I sold the house to the renter. knowing that this house was a rent house Does the renter get the 1-yea… read more
xavierjd
xavierjd
Juris Doctor
3,361 satisfied customers
I have been asking questions on here for quite awhile which
I have been asking questions on here for quite awhile which relate to the problems involving my mom's newly built home. We finally had the arbitration on June 26th. A couple issues have come up regard… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
37,232 satisfied customers
I SIGNED A CONTRACT TO HAVE A HOUSE BUILT NOVEMBER
I SIGNED A CONTRACT TO HAVE A HOUSE BUILT NOVEMBER 12,2005 FOR 1,397,OOO DOLLARS. THE BUILDER ASKED FOR 10% DOWN WHICH I DID NO PROBLEM. SINCE THEN I PUT ABOUT 80,000 DOLLARS IN UPGRADES IN THIS HOUSE… read more
Gregory Boop
Gregory Boop
Principal Member
Juris Doctorate
202 satisfied customers
I have entered a Realestate contract with a builder in ...
I have entered a Realestate contract with a builder in whom I later found out was the builder. We agreed on the contract price of $168,900. This is a new construction townhouse. I applied for a loan a… read more
rvlaw
rvlaw
Judge
Juris Doctor
3,203 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x