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Old 07-30-2006, 08:41 PM
 
693 posts, read 2,761,051 times
Reputation: 320

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OK so for much of my disappointment the house that I am supposed to close tomorrow is not completely finished. The builder did not complete things that should have been done. Like, putting the screen on the screened porch

I told them that I wanted to wait until things are done to close on the property so i wanted to postpone the closing. They're saying that they would charge a fee for changing the closing date.

I don't want to post here the builders name (unless they really ***** up ), that's not my intent, i just want to know what are my rights on this. And I might just have had bad luck with the people assigned to my property.

Is this something common? What people usually do? I'm afraid after closing I'll never get the builder to come back and complete things that weren't done or fix things that are not working now.

They're also saying that I won't be able to get the keys tomorrow because it has to be recorded so I'll only get the keys on Tuesday. Grrrr...
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Old 07-30-2006, 09:11 PM
 
Location: Blue Ridge Mtns of NC
5,660 posts, read 27,002,563 times
Reputation: 3858
I'd tell them you'll be available when the house is completed per specifications. Did you order a partially completed house????
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Old 07-30-2006, 09:19 PM
 
2,290 posts, read 2,472,109 times
Reputation: 317
Quote:
Originally Posted by Grass Is Greener
OK so for much of my disappointment the house that I am supposed to close tomorrow is not completely finished. The builder did not complete things that should have been done. Like, putting the screen on the screened porch

I told them that I wanted to wait until things are done to close on the property so i wanted to postpone the closing. They're saying that they would charge a fee for changing the closing date.

I don't want to post here the builders name (unless they really ***** up ), that's not my intent, i just want to know what are my rights on this. And I might just have had bad luck with the people assigned to my property.

Is this something common? What people usually do? I'm afraid after closing I'll never get the builder to come back and complete things that weren't done or fix things that are not working now.

They're also saying that I won't be able to get the keys tomorrow because it has to be recorded so I'll only get the keys on Tuesday. Grrrr...



What's the others issues besides the porch? What's not working?
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Old 07-30-2006, 09:26 PM
 
164 posts, read 353,290 times
Reputation: 84
I agree. I wouldn't sign anything until it's done properly. If anything, the current status quo is in your favor - they have the burden to finish before you sign. Once you sign, then you have the burden of hunting them down. I would read your contract very closely - there must be something in there concerning completion of the job. Otherwise, the builder could insist on honoring a closing date even if the house was only a quarter done, for example.

They say that they can charge you for a delayed closing. How? If the money for the house has gone through a lender, then that portion of funding is done, right? So they would have to go after you outside of any mortgage, right? Good luck to them on that front! Not to say you want a legal action against you, but I'm just wondering what leverage they really have on getting more money from you, and what source they can get it from.

Any chance that the builders don't care if you go out of contract? I.e. could sell the house for more to someone else etc? Because you have rights to stop that from happening as well.
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Old 07-30-2006, 09:28 PM
 
693 posts, read 2,761,051 times
Reputation: 320
microwave doesn't work. 1/4 of sod is dead because it wasn't watered. air conditioning is not cooling properly (this one might have been fixed but it wasn't working properly on friday, i'd have to check), an air conditioning floor register improperly placed has to be moved, maybe one or two more things I can't remember now have to check the list.
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Old 07-30-2006, 09:42 PM
 
164 posts, read 353,290 times
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These seem like fair concerns to me. You don't sound like some high maintenance person delaying a closing because a light bulb is missing or a flower died. Then I could see the builder's position. But I think you have a right to wait until these things are rectified. Like I said in my earlier post, I'd be interested in how much leverage the builders really have in their position, or if it's just a standard line they use whenever a homeowner asks questions.
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Old 07-30-2006, 09:48 PM
 
693 posts, read 2,761,051 times
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i'd be OK if it was only the problem with the microwave, it's probably under the manufacturer warranty anyway.

But if they don't show up to put the screen on the screened porch, it would be expensive for me to pay for it.

The air conditioning can be a bigger problem. It's kinda hot now to live in a house with a malfunctioning AC.

The floor register is also a problem. It requires moving the register, fixing the hardwood in that section. I don't want to pay that out of my pocket if I can't get them to come back. And it is possible for someome to trip on it like it is now, unless I put an area rug on top of it for the time being.
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Old 07-30-2006, 09:55 PM
 
2,290 posts, read 2,472,109 times
Reputation: 317
Quote:
Originally Posted by Grass Is Greener
microwave doesn't work. 1/4 of sod is dead because it wasn't watered. air conditioning is not cooling properly (this one might have been fixed but it wasn't working properly on friday, i'd have to check), an air conditioning floor register improperly placed has to be moved, maybe one or two more things I can't remember now have to check the list.

Hubby says here in AZ you have to close when they give you a closing date but as long as a final inspection has been done by a building inspector.

But with that said an AC not working properly and a floor registy that needs to be moved he said absolutely not he would sign NOTHING until that is done. Once you sign they'll string you along for days maybe longer.

Screen and grass that's not a big deal it's exterior and they can come when you are not home. Those things are common here and there.

The bank all they look at is the final that was signed complete and ready to occupy. Unfortunately those items are not a big issue to the bank they just want that final signed.

Don't do it with that AC problem and that floor registry that needs to be moved. He said no figgin way . They'll threaten you but they won't do anything to you, threats are common but they are empty. Ask to speak to the President or Vice predisent of the company they won't want you to make noise.

Yeah and the loan needs to be funded and recorded before you get the keys that's common.

Good Luck grass keep us posted
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Old 07-30-2006, 10:18 PM
 
164 posts, read 353,290 times
Reputation: 84
Quote:
Originally Posted by a1m1700
Hubby says here in AZ you have to close when they give you a closing date but as long as a final inspection has been done by a building inspector.

Don't do it with that AC problem and that floor registry that needs to be moved. He said no figgin way . They'll threaten you but they won't do anything to you, threats are common but they are empty. Ask to speak to the President or Vice predisent of the company they won't want you to make noise.

Yeah and the loan needs to be funded and recorded before you get the keys that's common.

Good Luck grass keep us posted
Yes, in Cal there is a final inspection as well. I'm sure there has to be one for you.

And those threats are empty, they have to be. I just can't see what leverage the builders have to demand a closing when big things, like the AC, aren't completed.
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Old 07-30-2006, 10:52 PM
 
26 posts, read 119,872 times
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Can you close but keep money in escrow to be released to the builder after everything is fixed to your specs? That's how they would handle it iin NJ - although the lawyers hate the delay it helps both sides move along with their plans.
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