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Western North Carolina The Mountain Region including Asheville
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Old 01-10-2009, 08:27 PM
 
7 posts, read 15,532 times
Reputation: 10

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I am building a home (2 years now) in the NC mountains...My builder "disappears" and later emails me with statements that are basically not true regarding progress..now I face liens from subs that I have never even heard of before and I have a poorly built home that I can not even move into..Is there no site for people like this (or should one be created?)
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Old 01-11-2009, 10:48 AM
 
Location: Up above the world so high!
45,270 posts, read 85,126,852 times
Reputation: 39643
Quote:
Originally Posted by eseudy View Post
I am building a home (2 years now) in the NC mountains...My builder "disappears" and later emails me with statements that are basically not true regarding progress..now I face liens from subs that I have never even heard of before and I have a poorly built home that I can not even move into..Is there no site for people like this (or should one be created?)
I think I'd call a lawyer...
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Old 01-11-2009, 10:49 AM
 
1,094 posts, read 2,563,900 times
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Is a licensed builder working on your home? Have you been able to go to the site and check progress? Normally, builders get "draws" after completing a certain amount of work, usually coinciding with certain inspections. Have you gotten copies of the inspections done?
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Old 01-11-2009, 05:43 PM
 
374 posts, read 1,460,040 times
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Doesn't sound good! Are you paying cash for this home to be built? Sounds that way since lenders will usually do construction to perm loans for a year.. Go directly to a Real Estate Attorney and get yourself some help..
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Old 01-12-2009, 03:41 PM
 
73 posts, read 230,259 times
Reputation: 55
eseudy, you definitely have a problem. We've seen this in Florida; retirees or close to retirees hire an unscrupulous builder to build their dream retirement home in South Florida, only to find out they are screwed. There are ways to protect yourself, but many people are trusting and never expect it to happen to them.

Florida's lien laws are very unfavorable to owners. NC lien laws are much more favorable to owners. I am not a NC lawyer and couldn't give NC legal advice, but I am a Florida lawyer building a second home in NC. I've seen nightmares in Florida, like a retired couple who paid a builder in cash and ended up owing the subs almost the full cost of the house.

Get yourself some legal advice from a lawyer in whatever town you are building in. Unless you contracted directly with subs, you might be in for a somewhat pleasant surprise, as I understand NC law. At the very least, someone needs to light a fire under your builder and make him do what he is supposed to do.

Now watch me get screwed by my NC builder!
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Old 02-05-2009, 12:12 PM
 
Location: Brevard
8 posts, read 14,313 times
Reputation: 15
Quote:
Originally Posted by eseudy View Post
I am building a home (2 years now) in the NC mountains...My builder "disappears" and later emails me with statements that are basically not true regarding progress..now I face liens from subs that I have never even heard of before and I have a poorly built home that I can not even move into..Is there no site for people like this (or should one be created?)
Eseudy, you are going to need to do some damage control here...

Essentially, the subs and suppliers have the right to lien your property.
Obviously, it's not your fault that the builder doesn't pay the bills, but you are the person that will wind up paying them.

Contact all the subs and suppliers you can, and explain the situation.
You need to buy yourself some time, explain that to them, and ask for some leeway, as you need a little time to arrange things.

The critical economic question is this: what are the chances of recovering the money, and how much is this going to cost in legal fees?

This is going to sound a little off-beat, but before you hire a lawyer, spend $400-$500 on a private investigator. Have him locate the builder, and more importantly, find out what he owns, if anything.

Now you have the means to make intelligent decisions regarding how much money to spend in legal fees, and the potential payoff.

Good luck,

Alexi
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Old 02-12-2009, 05:54 AM
 
7 posts, read 15,532 times
Reputation: 10
Thanks all for your replies. The good thing (if there is such a thing), is that I always learn something. Due to the builder taking 700+ days to build this home (the contract stated 180 days), I had to request 3 extensions from Bank of America for my construction loan. Unfortunately, in the language of that extension there is a sentence that says I will forever release the "lender" and any of its predecessors of any and all causes, actions for any reason forever. So basically the 100K that the bank gave my builder by mistake, is GONE!! The builder will not return the money, will not finish the house and will not return calls from anyone, and the bank refuses any responsibility.
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Old 02-12-2009, 05:59 AM
 
Location: Up above the world so high!
45,270 posts, read 85,126,852 times
Reputation: 39643
Quote:
Originally Posted by eseudy View Post
Thanks all for your replies. The good thing (if there is such a thing), is that I always learn something. Due to the builder taking 700+ days to build this home (the contract stated 180 days), I had to request 3 extensions from Bank of America for my construction loan. Unfortunately, in the language of that extension there is a sentence that says I will forever release the "lender" and any of its predecessors of any and all causes, actions for any reason forever. So basically the 100K that the bank gave my builder by mistake, is GONE!! The builder will not return the money, will not finish the house and will not return calls from anyone, and the bank refuses any responsibility.
Like I said, CALL A LAWYER IMMEDIATELY!
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Old 02-27-2009, 06:55 AM
 
7 posts, read 15,532 times
Reputation: 10
Thanks for all the replies. I have my lawyers working on it. There is nothing I can do about the Bank of America giving the builder 100K too much. They even admitted that they made a mistake, but refuse to correct it. The builder originally agreed to return the money and now will not. My lawyers have sent them the "letter" with a 10 day response limit, but in the end, I will probably end up spending more money on the lawyers than I ever recover. The house is plagued with code violations that were either covered up by the builder or simply ignored. Now I am paying another NC Licensed contractor to correct the violations to obtain a CO. I have filed complaints with the NC Lic. Board of General Contractors in Raleigh. It has been rough and expensive but I learn something new everyday.
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Old 03-02-2009, 06:41 PM
 
Location: Ft. Lauderdale
36 posts, read 169,275 times
Reputation: 23
This definitely sounds like a nightmare, I am building my home myself and have heard similar stories, and every time I begin to think Im going to give up and hire someone else this spurs me on. Best of Luck to you eseudy, I hope you get some court appointed satisfaction from this snake!
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