U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > U.S. Forums > Georgia
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
 
Old 04-07-2008, 09:03 AM
 
2 posts, read 7,354 times
Reputation: 10

Advertisements

Has anyone ever heard of this practice? The sales contract had a walkthrough clause that ended with the builder representative and purchasers on the contract were the only ones allowed at the walkthrough, specifically stating that family, friends and agents were not allowed. While I can understand how this will save the builder the headache of nit-picking from 10 different mouths, it reaks of violations of consumer protection rights.

I was told that this was the Georgia Law, hence it's inclusion. I have since found out that it was not the law, by any stretch of the imagination, comparing such a practice to showing up in court without a lawyer.

The same contract also specified my independent home inspection would need to take place after the first walkthrough. While I can understand this to an extent, as to give the builder time to fix certain issues and finalize the build, given the walkthrough clause, I would think it in my best interest to have the inspection done prior, which I plan to do.

Anyhow, just curious if anyone else has ever heard of this type of clause and any legal rights the builder will have to uphold such a clause when I show up with my agent and a family member (who builds houses for a living). I have put in a free consultation through my company's legal referral program, so I will report back on what the referred real estate lawyer says, as well.
Reply With Quote Quick reply to this message

 
Old 04-08-2008, 08:04 PM
 
Location: North Georgia
263 posts, read 704,997 times
Reputation: 136
When I closed on my house over 4 years ago I did the walkthrough with the builder by myself. I had an agent but she was not here. I honestly can't remember why she wasn't with me, but it seems odd that it would be a law that your agent couldn't be with you

Did you ask your agent about what the builder is telling you?? That would be the first place I would look for answers, they should know. Good Luck!
Reply With Quote Quick reply to this message
 
Old 04-09-2008, 04:54 PM
 
5,441 posts, read 4,866,607 times
Reputation: 1126
Quote:
Originally Posted by jibi View Post
Has anyone ever heard of this practice? The sales contract had a walkthrough clause that ended with the builder representative and purchasers on the contract were the only ones allowed at the walkthrough, specifically stating that family, friends and agents were not allowed. While I can understand how this will save the builder the headache of nit-picking from 10 different mouths, it reaks of violations of consumer protection rights.

I was told that this was the Georgia Law, hence it's inclusion. I have since found out that it was not the law, by any stretch of the imagination, comparing such a practice to showing up in court without a lawyer.

The same contract also specified my independent home inspection would need to take place after the first walkthrough. While I can understand this to an extent, as to give the builder time to fix certain issues and finalize the build, given the walkthrough clause, I would think it in my best interest to have the inspection done prior, which I plan to do.

Anyhow, just curious if anyone else has ever heard of this type of clause and any legal rights the builder will have to uphold such a clause when I show up with my agent and a family member (who builds houses for a living). I have put in a free consultation through my company's legal referral program, so I will report back on what the referred real estate lawyer says, as well.
I have been complaining about that clause for years. When I am the buyer's agent, I negotiate with the builder to be a part of the walk-through process. Since the housing downturn, I have been successful at adding this stipulation in the contract.

According to home builders, the reasoning for this verbiage is because of inexperienced people attending the walk-through; they just make up problems that don't exist.
Reply With Quote Quick reply to this message
 
Old 04-09-2008, 04:55 PM
 
5,441 posts, read 4,866,607 times
Reputation: 1126
Quote:
Originally Posted by CalieCat View Post
When I closed on my house over 4 years ago I did the walkthrough with the builder by myself. I had an agent but she was not here. I honestly can't remember why she wasn't with me, but it seems odd that it would be a law that your agent couldn't be with you

Did you ask your agent about what the builder is telling you?? That would be the first place I would look for answers, they should know. Good Luck!
Builders used to be in control. Not so anymore.
Reply With Quote Quick reply to this message
 
Old 04-13-2008, 09:14 PM
 
267 posts, read 916,958 times
Reputation: 119
There is a builder by the name of Keystone based out of Richmond Va, that I have previously dealt with that have such policies.

On top of this they do not allow private phase inspections, any walkthroughs during construction or for you to ever talk to the guy who is building your home. Not very transparent.
Reply With Quote Quick reply to this message
 
Old 04-14-2008, 06:20 AM
 
Location: Atlanta
738 posts, read 643,818 times
Reputation: 279
Did you have the house inspected by a third party inspector? If so, the items identified by the inspector should be remedied. I would want my inspector to accompany me before I'd want most realtors to. I built for over 20 years and I can honestly say, most realtors don't know a lot about construction.
Reply With Quote Quick reply to this message
 
Old 04-14-2008, 11:33 AM
 
5,441 posts, read 4,866,607 times
Reputation: 1126
Quote:
Originally Posted by Buckhead_Broker View Post
Did you have the house inspected by a third party inspector? If so, the items identified by the inspector should be remedied. I would want my inspector to accompany me before I'd want most realtors to. I built for over 20 years and I can honestly say, most realtors don't know a lot about construction.
New construction is definitely a niche market that requires much real-world experience to fully grasp.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:


Options
X
Data:
Loading data...
Based on 2000-2016 data
Loading data...

123
Hide US histogram

Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > U.S. Forums > Georgia
Similar Threads
Follow City-Data.com founder on our Forum or

All times are GMT -6.

2005-2019, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 - Top