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Raleigh, Durham, Chapel Hill, Cary The Triangle Area
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Old 09-27-2007, 01:13 PM
152 posts, read 466,505 times
Reputation: 150


My fiancée and I are set to close tomorrow (September 28th) on a new townhouse in the twin lakes community in Cary. The counter tops in the kitchen around the sink have gaps in the seams. We pointed this out to the superintendent during our walk through. We asked him to fix it. Yesterday we were told the seams had been fixed and we went over to check them out. They are now uneven.

We told our agent we would go ahead with closing tomorrow and hold 2000 in escrow until the counter tops were replaced. Our agent said KB wouldn't agree to that. So our only option is to delay closing. My fear comes in that the contract states KB could charge us 150 a day for each day we delay closing. What should I do? I don't want poor counter top near the sink (water damage, etc.) but I don't want to be charged 150 a day either.

Should I tell the seller we want to delay closing and get something in writing that they won't charge us 150 a day penalty? Thoughts?
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Old 09-27-2007, 01:19 PM
32 posts, read 106,182 times
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I live at Bedford @ Twin Lakes, and warranty is pretty bad..Make sure you get it taken care of, because you won't see any service for many months. Other then warranty, it is a great place to live. Each home is unique and it takes me 20 min to get to every part of the triangle. Good Luck!
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Old 09-27-2007, 01:22 PM
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Default KB Home Issue

My understanding is that KB has you sign a 100% satisfaction document prior to closing. They won't let you close w/o you being satisfied & having everything complete. If the counter is not to your satisfaction, I'd make them fix it prior to closing.

The contract does state they can charge $150/day. In my experience these builders only do this in extreme circumstances. They delay in closing is their fault not yours.

Hope this helps & good luck.
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Old 09-27-2007, 02:17 PM
9,680 posts, read 23,593,823 times
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If you are using a lawyer, let them escrow the cost of repair. If not, might be a good time to involve an attorney.

Did you check directly with the builder? Agent may just want the deal done now and not be acting in your best interest.

Don't close with outstanding punch list and no escrow.
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