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I am having a home built in NC. The contract I signed with

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I am having a home...
I am having a home built in NC. The contract I signed with the builder says that the completion date was supposed to be in June 2016, however, it is October 2016 and they are still at 3 weeks to a month out. I still have to come out of my pocket with more money for something that should have been included in the loan, my surplus funds have been used up for what I do not know. I can not be patient anymore. Help!
Submitted: 1 year ago.Category: Real Estate Law
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10/3/2016
Real Estate Lawyer: Damien Bosco, Attorney replied 1 year ago
Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
Satisfied Customers: 2,996
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Hello. My name is***** am an attorney. I will review your question and develop a response. We may discuss it too. Does that sound good to you?

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Real Estate Lawyer: Damien Bosco, Attorney replied 1 year ago

Does the contract have something called a "time is of the essence" clause.

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Customer reply replied 1 year ago
no I do not see that anywhere
Real Estate Lawyer: Damien Bosco, Attorney replied 1 year ago

Is there anything in the contract that states what happens with contractural delays. The reason I am asking is that you want to see if there is anything that deals with remedies, like a remedy clause for construction delays first.

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Customer reply replied 1 year ago
i am looking
Real Estate Lawyer: Damien Bosco, Attorney replied 1 year ago

Okay.

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Customer reply replied 1 year ago
I see something saying in the event of delays resulting from any of the following causes:
Real Estate Lawyer: Damien Bosco, Attorney replied 1 year ago

And what does it say....

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Customer reply replied 1 year ago
Acts or default of purchaser, any modification to plans, acts or default of any developer or contractor engaged in constructing or installing streets or utilities
Customer reply replied 1 year ago
adverse weather, damage caused by fire, storm
Customer reply replied 1 year ago
any form of act God
Customer reply replied 1 year ago
strike. lockout,
Customer reply replied 1 year ago
or government
Customer reply replied 1 year ago
the time for completion of construction shall be extended for a period of time equal to the length of the delay in construction. However, none of these apply to my case. Also, I have seen 10 - 15 house completed in this area and they are still working on my house, also, some of the homes went up after my home
Real Estate Lawyer: Damien Bosco, Attorney replied 1 year ago

Correct. It does not apply. Therefore, what a purchaser in your situation would have is a potential breach of contract claim. A three month delay appears to go beyond a normal delay in construction. We can discuss more if you would like to do so.

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Customer reply replied 1 year ago
okay, sure also, on my inspection sheet I have a draw for landscape and finish grade but they are telling me I have to pay for that out of my own pocket
Real Estate Lawyer: Damien Bosco, Attorney replied 1 year ago

That would also be a contract issue and rise to a dispute involving a breach of contract claim. I am afraid, what all this results in is a breach of contract claim Sometimes purchasers will wait to deal with the situation until the project is complete, then make the breach of contract claim, rather than attempting the dispute now if the project is incomplete. Or sometimes purchaser will attempt to rescind the agreement altogether. It unfortunately is a difficult situation.

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Customer reply replied 1 year ago
what should I do
Real Estate Lawyer: Damien Bosco, Attorney replied 1 year ago

Hello again: You have the options outlined above. We can discuss them more. Someone in your position would have to make their own decision whether to commence a legal action now for breach of contract or rescission (i.e., not to go with the deal); or to wait to commence one for breach of contract. Or possibly work it out with them. If you want we can speak on the phone to discuss the options in more detail. I can send you the premium service offer.

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Real Estate Lawyer: Damien Bosco, Attorney replied 1 year ago

Hello: I have not heard back from you. If you need additional assistance, please let me know. Otherwise, I hope that I have provided excellent service and, if so, would love you to give me a 5 star rating. If the answer was especially helpful you can provide a bonus. Best regards.

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