[muscotch]

I know some think this is not the time to buy, but I'm past that decision point and need some advice. We are buying a new build in the Southwest part of town. Some thing don't make sense and want a second option. First, is they want to do our official walk through AFTER closing. They say we'll make the punch list and things will get 'touched up' afterwards that are on the punch list. To me, this seems backwards. I know there are several issues from being there a couple days ago that I feel should push out the walkthrough and therefore closing (I am saying I won't close before a walk through). Below are the things I noticed on Monday; by the way, our contract says we will close on or before 15 Dec, so I'm getting the impression they are pushing to avoid them defaulting on the contract. If they aren't ready, that means the contract is void, right? They also are saying I can't delay the closing due to a walk through, but I see it as the house not being completed! Lastly, isn't there a home inspection required by the county, city, or someone?

1. The built in oven is broken; the front is triple plane glass and the middle pane is completely shattered, with pieces on the floor and in the oven

2. The carpet upstairs was way over stretched. In several areas, in several rooms along the base to about 6 inches out there are holes in the carpet where the tack board is poking through. In several areas the carpet looks like it barely makes it to the base board.

3. One of the sinks is not in and the basin is not even prepared for the sink.

4. Other minor things that I would consider punch list items (base board, paint, grout touch ups things).

Thanks in advance.

[Chest Rockwell]

I hope you have a real estate agent to represent you. What do they say?

Personally, I wouldn't close on the home unless everything was satisfactory. However, I don't know all the intricacies of the new home buying process. I'm sure the realtors that frequent this board will have excellent advice. If you were able to back out of the sale, you could probably find another home below the builder's price. The added incentives that builders give are usually only worth about $0.15 on the dollar.

[chad Straight]

Id look at your resolution deadline and Inspection dates if you had them in the contract. id make them fix these things or give a concession for these items. Chances are they wont fix them later or youll have to fight with them . Sounds like very poor work to me
Most city and County inspections just look for code violations Good luck

[michael krotchie]

Originally Posted by muscotch

I know some think this is not the time to buy, but I'm past that decision point and need some advice. We are buying a new build in the Southwest part of town. Some thing don't make sense and want a second option. First, is they want to do our official walk through AFTER closing. They say we'll make the punch list and things will get 'touched up' afterwards that are on the punch list. To me, this seems backwards. I know there are several issues from being there a couple days ago that I feel should push out the walkthrough and therefore closing (I am saying I won't close before a walk through). Below are the things I noticed on Monday; by the way, our contract says we will close on or before 15 Dec, so I'm getting the impression they are pushing to avoid them defaulting on the contract. If they aren't ready, that means the contract is void, right? They also are saying I can't delay the closing due to a walk through, but I see it as the house not being completed! Lastly, isn't there a home inspection required by the county, city, or someone?

Big red flags all over the place here! Although they probably offer a one-year bumper to bumper warranty that covers most of the items on your list (most builders do), a walk-through after closing is definitely not the norm.

As chad mentioned, the inspections they perform are code inspections and those should have been performed periodically during construction all the way from pouring the foundation, to framing, to finish work. You still have the right to hire your own home inspector to have them take a look at the finished product, and I actually recommend doing this. It will only set you back a few hundred dollars but will save you a lot of hassle in the future. The builder will tell you that your own home inspection isn't necessary but do consider it.

If the builder is telling you that you're holding up closing, tell them you want all of your issues resolved before you'll close, which you have the right to do. They are probably trying to close this deal on their books before the end of the year but I would stick to your guns. Let us know how it goes!

[olecapt]

Originally Posted by muscotch

I know some think this is not the time to buy, but I'm past that decision point and need some advice. We are buying a new build in the Southwest part of town. Some thing don't make sense and want a second option. First, is they want to do our official walk through AFTER closing. They say we'll make the punch list and things will get 'touched up' afterwards that are on the punch list. To me, this seems backwards. I know there are several issues from being there a couple days ago that I feel should push out the walkthrough and therefore closing (I am saying I won't close before a walk through). Below are the things I noticed on Monday; by the way, our contract says we will close on or before 15 Dec, so I'm getting the impression they are pushing to avoid them defaulting on the contract. If they aren't ready, that means the contract is void, right? They also are saying I can't delay the closing due to a walk through, but I see it as the house not being completed! Lastly, isn't there a home inspection required by the county, city, or someone?

1. The built in oven is broken; the front is triple plane glass and the middle pane is completely shattered, with pieces on the floor and in the oven

2. The carpet upstairs was way over stretched. In several areas, in several rooms along the base to about 6 inches out there are holes in the carpet where the tack board is poking through. In several areas the carpet looks like it barely makes it to the base board.

3. One of the sinks is not in and the basin is not even prepared for the sink.

4. Other minor things that I would consider punch list items (base board, paint, grout touch ups things).

Thanks in advance.

Don't close. Just hold your ground until the major items are fixed. Cosmetics and such are not a deal but missing sinks, bad carpet and busted appliances are. I would not hold closing for punch list items. Given the level of sloppiness I would get my own inspection done. Cost you about $350. Worth it for peace of mind. There is no requirement for any inspection other than code and they may even give you a hard time about having one. Note that they can clean up all this in a couple of days if they chose to.

There is almost certainly no requirement that they close on time. There is however one that requires you too. I am presuming a builders contract...they are always hopelessly unfavorable to the buyer. They can be negotiated when buying but you would have had to have an agent. Next time get one. They can at least tell you where you are being screwed and are good at expediting cleanup for close. May even save you a few bucks or get the builder bucks to you in the best way.

[muscotch]

Thanks for the replies. I agree that I bet they really want to finish and close it out this year, which made me start worry that they cut as many corners as they could to say they were finished and it was b/c of me closing wouldn't be met (if in fact it isn't). I finally got them to schedule the walk through for before the closing, but am going to call them and cancel it b/c of the items I have listed in the OP.

About my realitor, I do have one, however he was called out of town on a family emergency. We are talking over the phone about the situation, and he is telling me to stick to my guns, too.

I'm worried the deal will fall apart and I'll be out my 5k earnest money...I understand if thats the worse thing that happens, I'm probably doing pretty good, but if things aren't ready and I call their bluff they, the deal falls apart they are still going to just keep my 5k, right? Who is going to believe me over them?

[olecapt]

What you have stated in no way indicates the deal is about to fall apart. Just standard low end builder BS.

They will eventually fix everything they need to in order to get you in. And once you stop digging your heels in they will close quick.

So just make sure what you are getting is acceptable. And, once again, get an inspection.

[muscotch]

By giving the impression it might be falling apart is coming from the fact there isn't really any time left. Our contract says we close on or before 15 Dec. What happens after that? When I ask, nobody wants to talk about it. I leave town the 20th and their only response is that someone else and do the walk through and I can go to a title company in MN and close there. WTF??

If they have stuff broken, installed poorly, etc now, they have tomorrow to fix it and I have Friday to get an inspector there to close on Saturday. Is that possibly? I don't know, but I don't see how they can only give me a matter of hours from when they say they are finished to make the biggest purchase of my life.

Am I 'digging my heels in' too much? I am being overly paranoid? I am being unreasonable? I don't know, but I do know that nobody is going to look out for me except me.

[michael krotchie]

Okay, a couple of responses to your post.

First, closing in another state is very common. Many title agencies have branches in other states, and there are companies that act as mobile title companies who will actually come to your house/office with the paperwork for you to sign. Quite common with new construction and out of state buyers.

Second, if you have your purchase contract with you check it again for the close of escrow date and any details pertaining to the buyer.

Third, if your Realtor is out of town he should have an in-town contact person who handles situations just like this. Ask him to get someone to help you. Ask to talk to his broker if he can't produce someone to help. This is part of his job!

[olecapt]

Nothing unusual about an out of town close. Happens all the time.

Again presuming a builders contract, every one I have seen has a let out that lets the builder, but not the buyer, move the close date. If you think about it...it is a perfectly reasonable thing for a builder because he does not really know when he will finish. On the other side of the coin what is the builder going to do with the house if he shots the contract? This is not a great time to have a house in inventory

You can have someone else do the walk through for you or make some other arrangement with the builder. Agents do it...though some claim they don't. There is some risk and brokers do not like risk.