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Our Home Builder in Louisville does not want to

Customer Question
Our Home Builder in...

Our Home Builder in Louisville KY does not want to fix/repair/compensate us for our 1 year HOW issues and Constructual issues. We closed on the house November 30, 2016. They said we have missed meetings etc... to get the issues taken care of. We and the Builder both have had conflicting schedules, plus I have had medical problems and also some overwhelming mental stress caused by the Builder and documented by my Psychiatrist. Now we received a letter from the Builder's Atty. "to cease all contact with Builder", that we have no intention in getting the work done by Builder. We have been trying to set up a meeting with Builder since November 2, 2017 to discuss problems. He has been sent an itemized email of all problems. What are our next steps?

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

Louisville Kentucky

Lawyer's Assistant: Has any paperwork been filed?

I have sent numerous emails to Builder and my Husband phoned him. I phoned Builder's Atty twice then followed up with an emal. Response from Atty was he would discuss with his client the Builder.

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

I am disabled trying to avoid spinal fusion surgery and after the house was finished and the Liaison came to the house for initial problems, one issue was paint drops on various places such as floors, tub etc.. and the Project Lead (Liaison) told me "elbow grease would get them up"! Also, went through other problems and the Liaison said she was running late for a meeting and she would type up the notations of problems and send a copy. She never did although I asked. Now she is no longer with the Builder.

Submitted: 9 months ago.Category: Real Estate Law
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Answered in 2 minutes by:
11/25/2017
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 9 months ago
RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 33,337
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Real Estate Lawyer: RealEstateAnswer, Lawyer replied 9 months ago

Good morning. I am sorry to hear about what you are going through. If the builder no longer will work with you and fix anything, repair anything or compensate you in any way, you will have to sue. Prior to doing so, you want to make one last demand, that they cue these issues and advise and show them that you have been acting in good faith but a conflict of scheduling and your health has prevented it. As such, you will be forced to sue if they do not work with you and you would need to show and convince the Judge of their bad faith actions and how they are looking to avoid their legal obligations to you.

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Customer reply replied 9 months ago
Please answer aforementioned question!
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 9 months ago

Yes, I responded above. Did it post?

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Customer reply replied 9 months ago
No
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 9 months ago

Good morning. I am sorry to hear about what you are going through. If the builder no longer will work with you and fix anything, repair anything or compensate you in any way, you will have to sue. Prior to doing so, you want to make one last demand, that they cue these issues and advise and show them that you have been acting in good faith but a conflict of scheduling and your health has prevented it. As such, you will be forced to sue if they do not work with you and you would need to show and convince the Judge of their bad faith actions and how they are looking to avoid their legal obligations to you.

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Customer reply replied 9 months ago
I have already thought of that and also therefore I do not have the substantial amount of mony needed to sue. I am not satisfied with your answer.
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 9 months ago

I am happy to answer any other questions. Can you please clarify for me what else I can assist with? If you are not able to sue and willing to advance the costs, seeing how you may be able to recover your attorney fees, I have to ask if the contract requires mediation or arbitration?

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Customer reply replied 9 months ago
HOW Contract requires arbitration.
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 9 months ago

The contract requires arbitration?

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Customer reply replied 9 months ago
There are actually 2 separate contracts. One is for HOW which requires arbitration. The second is Constructual which does not require arbitration.
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 9 months ago

If one of the contracts required arbitration, that is what would need to be elected and done, to respond the dispute, since it was agreed upon between the parties. Since the other contract does not require it, you could file suit, propose mediation or see if they would agree to arbitration, if you think it is in your best interest. Keep in mind that arbitration is binding, so what is decided, will control. Mediation is not binding but gives the parties a chance to work this out, with the help of a third party.

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Customer reply replied 9 months ago
The arbitration with the contract is supposed to be with the Louisville Builder's Association, which initially they were Members, but were dropped in August 2016, but the same contract was used with the Builder Association's name and logo was used when we closed on November 30, 2016 signifying that they were still Members. The Louisville Builder's Association representative stated that Builder should have used a different Contract without their name or logo.
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 9 months ago

If the contract just requires arbitration, the fact that they used a logo and name of a company they are no longer members of, should not necessarily void it. You can try and attack the contract but the language needs to be read to see if this error would void the required arbitration and allow you to sue.

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Real Estate Lawyer: RealEstateAnswer, Lawyer replied 9 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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Customer reply replied 9 months ago
With all of the problems with the house, what are the chances of making the Builder buy the house back? Also, how common are "nail pops" (nails protruding thru the ceiling and indentations of them in other areas)? This is my 3rd new house, I never had that problem in the other 2 houses.
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 9 months ago
They would not buy it back and the remedy / relief is for them to correct all the problems. As far as the nail pops, you would need to speak with a contractor or other builder and see what their opinion is based upon the industry standard.
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