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Old 04-23-2008, 05:46 AM
 
219 posts, read 672,846 times
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Default Fixing problems after closing

We are having a new house built on our land. The builder feels that the house is done correctly but we do not agree >He wants to close and will not address our concerns. What should we do?If we close , what are our options to do the problems fixed?

thanks

Melissa
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Old 04-23-2008, 06:34 AM
 
247 posts, read 678,535 times
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Do not close until the builder addresses the problems. If you close, it's near impossible to get the builder to come out and fix anything. Trust me!
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Old 04-23-2008, 06:43 AM
 
889 posts, read 2,029,932 times
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Dont close!!!
You NEVER know what can happen once you do.The unthinkable happened to us, our builder died 5 days after we closed with a huge punch list that never got done, ( we'll my husband had to finish it all)
He needs to address your concerns as long as they are within reason and valid.
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Old 04-23-2008, 08:58 AM
 
Location: Marion, IN
8,192 posts, read 18,538,736 times
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I agree, absolutely DO NOT sign off on the house or close until ALL of your concerns have been addressed to your satisfaction. My husband used to be the warranty guy for a home builder. They will put you off until your warranty period is almost up, then tell you it is normal wear & tear.
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Old 04-23-2008, 09:05 AM
 
15,050 posts, read 18,928,714 times
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I closed with a signed paper at the title company in which was stated the things would be taken care off within 21 days after closing. The builder wanted to sue me if I didn't close so I closed. I shouldn't have done it because it took them 6 months to even respond and only because I told them I would sue them, they fixed the items, but next time I won't close!!
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Old 04-23-2008, 09:22 AM
 
Location: Looking East and hoping!
28,227 posts, read 12,995,386 times
Reputation: 2000000611
If you do close hold money in escrow for the needed repairs. Personally I wouldn't close-this happened in our first home ad we had to end up in court a year later to get our escrow money back and judge ordered him to do repairs.
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Old 04-23-2008, 09:45 AM
 
Location: Martinsville, NJ
5,847 posts, read 6,313,422 times
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Quote:
Originally Posted by mbeckoff1 View Post
We are having a new house built on our land. The builder feels that the house is done correctly but we do not agree >He wants to close and will not address our concerns. What should we do?If we close , what are our options to do the problems fixed?

thanks

Melissa
I think it might depend on what you mean by "not done correctly." Is the house built according to the plans & specs that you agreed upon? Did the builder do all the things he said he was going to do, that his plans called for him to do, and that the law requires him to do?
The things the you feel are not done right; are they safety & construction issues that the builder shoud be expert on,but you feel he did wrong? If so, what expertise do you rely on to tell him he is wrong? Are they cosmetic things that you would like done a certain way? Was this spelled out before, or left to the builder and now you want to change it and he doesn't feel he should?

I agree with those who said don't close, because once you do there really isn't any incentive for the builder to hurry back & make things right. But you do need to make sure that the things you want changed are in fact things that he is responsible to change. Of course, even if they aren't, most builders will be happy to quote a price to make it the way you want it.
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Old 04-23-2008, 09:53 AM
 
13,114 posts, read 23,395,010 times
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Quote:
Originally Posted by LaceyEx View Post
If you do close hold money in escrow for the needed repairs. Personally I wouldn't close-this happened in our first home ad we had to end up in court a year later to get our escrow money back and judge ordered him to do repairs.
I gave the builder a choices when he was pressuring me to close...

I agreed that he "Should" receive most of the money outstanding, minus a hold back for unresolved items OR he could simply complete the job.

He was in a slight bind and needed to pay off an expensive construction loan.... Nice guy and all that... I just needed to make sure I was covered should the worst happen.

We did the 150% hold-back and within 30 days from closing all of the outstanding issues were resolved.

Some of these guys operate on a very thin margin and I did not feel right holding him hostage... I just needed to be sure that I was protecting myself.
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Old 04-23-2008, 09:54 AM
 
Location: Derby, KS
3,832 posts, read 7,506,154 times
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We had a house built and noticed some problems after closing. The builder offered a warranty for 1 year. It was very hard to get them to come out. They would try to brush off the problem as best as they could and we had to be very persistant. Some things we just got sick of complaining to them about with no action and just fixed it ourselves. The one thing that was a big deal to me was a coupld of the drawers in the kitchen cabinets wouldn't close properly. After about three unfulfilled requests to have them repaired I just did it myself.

So do a very thourough final walkthrough and if you notice ANYTHING then you refuse to go to close. They do not own you. You own them. You are at their mercy and if they don't fix the problem they will be sitting on that house. Let them know that up front.
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Old 04-23-2008, 10:54 AM
 
15,050 posts, read 18,928,714 times
Reputation: 6173
Quote:
Originally Posted by Bill Keegan View Post
I think it might depend on what you mean by "not done correctly." Is the house built according to the plans & specs that you agreed upon? Did the builder do all the things he said he was going to do, that his plans called for him to do, and that the law requires him to do?
The things the you feel are not done right; are they safety & construction issues that the builder shoud be expert on,but you feel he did wrong? If so, what expertise do you rely on to tell him he is wrong? Are they cosmetic things that you would like done a certain way? Was this spelled out before, or left to the builder and now you want to change it and he doesn't feel he should?

I agree with those who said don't close, because once you do there really isn't any incentive for the builder to hurry back & make things right. But you do need to make sure that the things you want changed are in fact things that he is responsible to change. Of course, even if they aren't, most builders will be happy to quote a price to make it the way you want it.
I had an incentive signed by the title company, myself and the builder and still the builder didn't do anything. So I agree, don't close or hold money back but I don't think you can do that. IMO it's close for the original amount or not? I'm not sure...
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