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My wife and I are purchasing a home in a popular Cary Neighborhood. Our closing was set for next week. As the home got closer to the closing we noticed a pretty large sloop forming between our house and the house next to us. It began to appear as they landscaped and did grading of land for both houses. The slop starts on the neighboring land but is down hill, the stopping point is near the start of our property. The hill/slope is about 5-7 feet tall and probably at at a 50-60% angle. So our concern is that as it rains the water will all spill into our land on that side of the house and flood it. We had hired a home inspector for the pre walk through and even he was concerned about it. He recommended a retaining wall, we agreed. Our builder is unsure what they plan to do. We figure because its costly.
My question is what legal rights to do have regarding this? Do we have the right to back out of our contract and get our 5K deposit back if the builder refuses to put the much needed retaining wall up ?
Also should me and my wife wait until the wall has been installed to close on the house or is getting the wall installation promise in writing enough?
My wife and I are purchasing a home in a popular Cary Neighborhood. Our closing was set for next week. As the home got closer to the closing we noticed a pretty large sloop forming between our house and the house next to us. It began to appear as they landscaped and did grading of land for both houses. The slop starts on the neighboring land but is down hill, the stopping point is near the start of our property. The hill/slope is about 5-7 feet tall and probably at at a 50-60% angle. So our concern is that as it rains the water will all spill into our land on that side of the house and flood it. We had hired a home inspector for the pre walk through and even he was concerned about it. He recommended a retaining wall, we agreed. Our builder is unsure what they plan to do. We figure because its costly.
My question is what legal rights to do have regarding this? Do we have the right to back out of our contract and get our 5K deposit back if the builder refuses to put the much needed retaining wall up ?
Also should me and my wife wait until the wall has been installed to close on the house or is getting the wall installation promise in writing enough?
Any other recommendations are appreciated!!!!!!
There are so many homes for sale here in the triangle, If your home inspection report that you are paying for says trouble, I would get the town engineer out to the property before you close. IF there is a water issue, don't buy the house. Thats right, you are doing a walk thru, you do that before you close. IF there is a major issue I would walk away. In writing?? No way he could be out of business in this housing market next week.!!
Do you have an agent? You can make an addendum to the contract stating exactly what needs to be done and the time frame for that being done, then all parties should sign it.
It is better to take care of all questions before closing, because once you close, you close done deal.
Hopefully you have had a home inspection (everyone should get one, even if it is new construction) and the inspector may be able to tell you something about the slope in the yard. If they cannot, they could recommend someone who could.
As I said before, it is always easier to deal with issues before closing.
Do you have an agent? You can make an addendum to the contract stating exactly what needs to be done and the time frame for that being done, then all parties should sign it.
It is better to take care of all questions before closing, because once you close, you close done deal.
Hopefully you have had a home inspection (everyone should get one, even if it is new construction) and the inspector may be able to tell you something about the slope in the yard. If they cannot, they could recommend someone who could.
As I said before, it is always easier to deal with issues before closing.
Leigh
As stated above we DID have a home inspection during our pre closing
It was a very much recommended inspector from this forum
The private home inspector said in his report "
SITE GRADING - Poor/Defective
Grade at right side is excessive and will continue to erode if not corrected. Roof runoff from neighbors house (on right side) will
make erosion even worse if not corrected. Retaining wall may be needed due to height and proximity to houses. Requires
review by builder and consider contacting local inspections department.
He did not not know the laws surrounding land grading and retaining walls. He told us he'd look into it then told us " Talk with the builder first. Then if you do not like his answer then speak with the local inspections department. "
Our builder is strange. After our pre-walk (We mentioned our hugh concern of the next door slop issue) he emailed me and said " Please in addition to informing my office on your feelings on the retaining wall, It works better if you could send a letter stating how you feel so that we may get a quicker response from the Main Office"
He asked us to write a letter with our concerns to the main office. We are leaning towards saying we will not close until the retaining wall is up and properly irrigated. This just feels like the right thing to do from our side as we are extremely confused on what their intentions are regarding the resolution of this issue.
getting back deposit 5K is difficult. one of my friend try to get 5K deposit back for cancelling( his house almost finished without any contruction problem)
but his builder refuse to give. but gave him an oppotunity to come back and sign a new contract within next 9 months for build a another house.( he doesn't need pay 5k again)
getting back deposit 5K is difficult. one of my friend try to get 5K deposit back for cancelling( his house almost finished without any contruction problem)
but his builder refuse to give. but gave him an oppotunity to come back and sign a new contract within next 9 months for build a another house.( he doesn't need pay 5k again)
Well I am not asking for my 5k Deposit back unless they refuse to put this retaining wall up and drain it properly
Should we wait until the wall is complete before closing ?
Well I am not asking for my 5k Deposit back unless they refuse to put this retaining wall up and drain it properly
Should we wait until the wall is complete before closing ?
You have a much better negotiating position before you close the deal.
You need to protect your position and you do not want to let $5,000 sit (as suggested by one that you might wait and apply it to another house.) If you do not have in writing and an adequate amount put in escrow at closing to cover the proper building of a wall (and not ambiguously as to timeframe, adequacy, or warranty), I would be hesitant about proceeding. Actually, I would be hesitant about closing until it was satisfactorily done!
If, at this time, you have the least amount of doubt, it is probably best for you to contact a real estate attorney (not the closing attorney who works for the lender) and get their input. Don't jump into a mistake (or as alluded to above, a builder's promise .)
An old saying in construction is: Where is the water going to go? Do what you need to do to make certain that your neighbor's run-off does not cause you problems.
I always use my indepedent inspection as my pre settlement punchlist. Don't go to settlement till they have it all done. Tell them that. When the list is done to our satisfaction then and only then will you go to settlement.
If they want to sell that house they will comply. If they take more than 30 days I would hire a real estate attorney and start having the attorney make my calls and write my letters.
If its not fixed do not buy the house. Take the Builder to court if you have to to get your deposit back. Bottom line you have a breech in your contract in the new house. The grade on the property is part of the deal. If its wrong you get your money back.
I always use my indepedent inspection as my pre settlement punchlist. Don't go to settlement till they have it all done. Tell them that. When the list is done to our satisfaction then and only then will you go to settlement.
If they want to sell that house they will comply. If they take more than 30 days I would hire a real estate attorney and start having the attorney make my calls and write my letters.
This is good advice. And given that the end of the year is coming up the builder might not want to hold onto that property into 08 so he might be more willing to resolve the issue.
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Retaining Wall
