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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38183
Experience:  16 years real estate, Realtor. Landlord 26 years
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I have a real estate contract question. Is anyone online

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I have a real estate contract question. Is anyone online work in the area of residential contract and warranties?

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Can you give me some more details about what is going on?

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Did the builder fail to install a vapor barrier and the floors have bucked due to moisture?

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And the builder is acknowledging that they are liable, correct?

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Have you gotten estimates from other flooring contractors for the cost of repairs?

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What is your legal question I can help with?

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thanks

Barrister

Customer: replied 1 month ago.
We have a certified hardwood floor inspection that indicated the hardwood floors were improperly installed-wood not acclimated-floor was fastened incorrectly-and possibly inferior vapor barrier was used. Pictures in the report clearly show major problems for a 8 month old home. Developer used a subcontractor to install the floors. We provided a copy of the report to the developer and he is working with a lawyer to hold the subcontractor responsible. Floors are checking (boards are splitting as a result).
He has not acknowledged responsibility, he is blaming the subcontractor. He has retained a construction attorney.
We paid for the floor inspection report.
We have not yet got estimates to replace the floors. Just rec'd his email about an hour ago.
When he is asking if we want monetary compensation, should we assume it will not cover the total cost to have a certified install and cover painting and other collateral damage? Want to know IF we take the money, it will cover everything to make us whole.vwhat wording should we use? Don't want to use his installers. Do we have options?

When he is asking if we want monetary compensation, should we assume it will not cover the total cost to have a certified install and cover painting and other collateral damage?

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He is fishing right now to see what this might cost him.. If he is licensed and insured, then his insurance company will have to pay off any damages you have and he may not want to submit a claim for fear of being cancelled.

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But you have the right to get exactly what you paid for... correctly installed floors and a property that looks and functions like new. So he will be on the hook for removing all the flooring and replacing it, whether he does it or pays you to have someone else do it.

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Want to know IF we take the money, it will cover everything to make us whole. what wording should we use? Don't want to use his installers. Do we have options?

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You want to have at least two hardwood flooring installers out to give you quotes on a complete job... removal, site prep, proper installation and then finish work like painting and touch up for any dings or other incidental damages.

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Once you get those written quotes in hand from licensed insured hardwood contractors, then you can reach out to him and begin the negotiations. But if you settle for $XXXX then his attorney will have you sign off agreeing that is all you get and he isn't liable for any further damages regarding the flooring.

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You aren't in a position now to respond because you don't have all the info you need. So I would probably just respond that you are evaluating your legal options at this point and will be in contact.. That will make him scared and more willing to just settle with you later on.

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thanks

Barrister

Customer: replied 1 month ago.
Thank you. This is helpful. We will follow these initial steps. Is it possible to follow-up with you via this website with add'l questions.
Thanks

You are very welcome. Happy to help.

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And sure, if you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

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Thanks much

Barrister

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