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Old 03-28-2016, 06:54 AM
 
22 posts, read 13,420 times
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Quote:
Originally Posted by jlawrence01 View Post
#6 would not be an issue with me as I would have a clause in the contract that would allow me or my representative to inspect the workmanship at any time in the process. In addition, if a builder balked, I would contact my local building inspector to come by and inspect the work.

in real estate transactions, I pay attorneys to represent me as opposed to real estate agents.
I am beginning to believe this is a better course of action, real estate is based on commissions, attorneys have set fees. The axiom seems to be flawed. If you are sinking funds in something GET trusted representation, do NOT assume or even believe anyone working for a commission has your best interests at heart.
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Old 03-28-2016, 07:05 AM
 
22 posts, read 13,420 times
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Quote:
Originally Posted by lvoc View Post
I would point out that 98% or so of the population could not do that. I could to a degree but I would use experts in many areas.

And if you can find the right agent it can work...but it is dependent on the quality of his or her sources. then again if you have the right contractor you do not need an agent. Won't work on retail serial builders though.

Lawyers and contracts do not read on the problem. They just make sure you are getting screwed legally.
You have the WRONG attorney. The right one protects their interest by good representation. Contract is KEY, if you violate a contract, then you have recourse legally. Yes there are scummy attorneys, but there are good ones too. I thought I had a great builder, and a good realtor, but it was my lawyer who got the stuff "missed" "overlooked" "in violation of code"etc. Completed. Failure to honor the contract signed by all, proved handy in my scenarios. Having my attorney send a letter saying breach of contract provided the "motivation" for things to be fixed as per contract. Otherwise I believe they could and WOULD have made lame excuses, not stepped up and done the fix, etc.
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Old 03-28-2016, 10:40 AM
 
Location: We_tside PNW (Columbia Gorge) / CO / SA TX / Thailand
22,772 posts, read 40,206,956 times
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Having built several homes myself, I would need to really KNOW my contractor, and accept his decisions.

I doubt I could digest doing this.... Lien releases? WOW, you could end up paying twice for your home. I use very stiff performance clauses with significant penalties for late / breach of contract. Most contractors walk away from that. That's OK with me! Inspections? 100% 24x7 access for myself and my assignees. Designated quality of supplies, Yes, of course!!!! You can't get 40 - 80 yrs service from inferior quality materials or workmanship. Such things as roof flashing, waterproofing, insulation, subfloor, I insist to see it done correct before any coverings are installed.
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Old 03-28-2016, 11:14 AM
 
12,973 posts, read 12,857,749 times
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Quote:
Originally Posted by rcky mt lass View Post
You have the WRONG attorney. The right one protects their interest by good representation. Contract is KEY, if you violate a contract, then you have recourse legally. Yes there are scummy attorneys, but there are good ones too. I thought I had a great builder, and a good realtor, but it was my lawyer who got the stuff "missed" "overlooked" "in violation of code"etc. Completed. Failure to honor the contract signed by all, proved handy in my scenarios. Having my attorney send a letter saying breach of contract provided the "motivation" for things to be fixed as per contract. Otherwise I believe they could and WOULD have made lame excuses, not stepped up and done the fix, etc.
So you have a lawyer that inspects electrical and plumbing? Must really be a versatile one. I would not trust the ones I know of to pick an electrical or plumbing inspector.
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Old 03-28-2016, 12:01 PM
 
Location: Denver CO
21,292 posts, read 11,930,150 times
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Quote:
Originally Posted by lvoc View Post
I would point out that 98% or so of the population could not do that. I could to a degree but I would use experts in many areas.

And if you can find the right agent it can work...but it is dependent on the quality of his or her sources. then again if you have the right contractor you do not need an agent. Won't work on retail serial builders though.

Lawyers and contracts do not read on the problem. They just make sure you are getting screwed legally.
Why could 98% of the population not relocate to where they plan to live in retirement and rent short term while they build new construction? I am sure that some people could not afford to do that, but presumably, they are also not in a position to afford new construction in the first place, as it does generally carry a bit of a premium.
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Old 03-28-2016, 12:09 PM
 
12,973 posts, read 12,857,749 times
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Quote:
Originally Posted by emm74 View Post
Why could 98% of the population not relocate to where they plan to live in retirement and rent short term while they build new construction? I am sure that some people could not afford to do that, but presumably, they are also not in a position to afford new construction in the first place, as it does generally carry a bit of a premium.
In general I would agree that is the rational thing to do. However only a small portion of that population could sort out the general inspection problem and pick their own sub inspectors.

There are however people who want to build but don't want to move to the locale to do so. Summer homes might be an example.
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Old 03-28-2016, 12:58 PM
 
Location: Ponte Vedra Beach FL
14,628 posts, read 18,007,983 times
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Quote:
Originally Posted by StealthRabbit View Post
Having built several homes myself, I would need to really KNOW my contractor, and accept his decisions.

I doubt I could digest doing this.... Lien releases? WOW, you could end up paying twice for your home. I use very stiff performance clauses with significant penalties for late / breach of contract. Most contractors walk away from that. That's OK with me! Inspections? 100% 24x7 access for myself and my assignees. Designated quality of supplies, Yes, of course!!!! You can't get 40 - 80 yrs service from inferior quality materials or workmanship. Such things as roof flashing, waterproofing, insulation, subfloor, I insist to see it done correct before any coverings are installed.
My husband and I are lawyers - so we handled the contract ourselves. For non-lawyers - if you don't know how to deal with mechanics' liens law - like you say - you can really get screwed. Our builder was good structurally - but sloppy about lien releases. We had to pull teeth to get them done right. OTOH - until they were done right - we didn't have to pay draws.

We had a penalty clause for late performance. And threatened to enforce it (so we got our house on time ).

In terms of inspections - we had a very good building department here when we built. And accompanied the inspector around at all the inspections (there were quite a few of them). In addition - we were on the job site daily - and caught a lot of little mistakes/problems when the house was going up. Got them corrected immediately.

I can't imagine why most/all retired people wouldn't be able to sell - rent in a new place - and supervise construction. Which is what we did. Robyn
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Old 03-28-2016, 01:52 PM
 
12,973 posts, read 12,857,749 times
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Quote:
Originally Posted by Robyn55 View Post
My husband and I are lawyers - so we handled the contract ourselves. For non-lawyers - if you don't know how to deal with mechanics' liens law - like you say - you can really get screwed. Our builder was good structurally - but sloppy about lien releases. We had to pull teeth to get them done right. OTOH - until they were done right - we didn't have to pay draws.

We had a penalty clause for late performance. And threatened to enforce it (so we got our house on time ).

In terms of inspections - we had a very good building department here when we built. And accompanied the inspector around at all the inspections (there were quite a few of them). In addition - we were on the job site daily - and caught a lot of little mistakes/problems when the house was going up. Got them corrected immediately.

I can't imagine why most/all retired people wouldn't be able to sell - rent in a new place - and supervise construction. Which is what we did. Robyn
If you know enough you can do it. But here you are not likely to be able to use the county inspectors. On retail tract homes the inspectors are generally contractors hired by the builder and won't be readily accessible. So either you know enough to do it yourself or hire someone to help. Being local and checking is also wise but not always practical.

My mother, father and brother are lawyers. None would have been able to do a reasonable job on inspecting their own construction work. I could but I am trained as an engineer and have doing RE for 15 years.

The brother would have handled the contracts and mechanic liens though I doubt either of the parents would have done a reasonable job.
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Old 03-28-2016, 02:40 PM
 
1,076 posts, read 1,124,185 times
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I bought a lot/house package in another state and went home and put my condo on the market. It sold in 3 weeks and I moved to a rental close to my house that was being built. It was not a custom home. I went there every week until they started doing the interior finishes. Then I went almost every day. I think it is VERY important to be there when they are building your house. I stopped them from making many mistakes. Mostly change orders.
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Old 03-28-2016, 04:23 PM
 
Location: Ponte Vedra Beach FL
14,628 posts, read 18,007,983 times
Reputation: 6724
Quote:
Originally Posted by lvoc View Post
If you know enough you can do it. But here you are not likely to be able to use the county inspectors. On retail tract homes the inspectors are generally contractors hired by the builder and won't be readily accessible. So either you know enough to do it yourself or hire someone to help. Being local and checking is also wise but not always practical.

My mother, father and brother are lawyers. None would have been able to do a reasonable job on inspecting their own construction work. I could but I am trained as an engineer and have doing RE for 15 years.

The brother would have handled the contracts and mechanic liens though I doubt either of the parents would have done a reasonable job.
I think we are in general agreement. What we did was about the minimum IMO as lawyers in a county with good county inspectors. We had an architect on the job site as well. Many people might need more. Robyn
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