[YT21]

Quick question for anyone who has advice. Just a brief timeline:

Going through new construction with a big builder here in Las Vegas (Summerlin). Completed the first walkthrough (house was missing a series of pertinent items; those have been since addressed).

Builder requested a five-day extension on final walkthrough/closing. Granted.

Now, builder has totally botched the front exterior of my house. Basically there should be brick completely surrounding the garage area and, generally, the front of the house. Instead, it's 95% stucco.

The builder has since advised that parts are back-ordered by three weeks. But they still want to close on time. And the best they can offer is an 'addendum' to fix.

Now I'm sort of privy to the lack of power the purchaser has here, but I don't think this qualifies as a 'cosmetic' issue. The contract specifies that builders need to build to a degree of completion (basically if the city issues the COO and permits, it's considered a dwelling and they can close on it), and that if the buyer delays closing, they can be billed $100/day.

The crossroads I am at: do I fight this, or do I close on the house? The builder is adamant about closing in December 2015 (certainly to meet a quota or some bonus structure I am sure), so the only leverage I would seem to have is proposed delaying until January 2016.

But, I think this is a fairly just fight. Why the hell would I want to move into a home that's, what, 90% complete? Again, I don't think the entire front house's brick work qualifies as a cosmetic and minor element, but I could be wrong. Further: I'm ultimately concerned that I'll close on the house, they'll have my money, and the fix of said house wouldn't come for an extended period of time (I believe the contract allows for up to two years!)

Any recommendations? Anyone have a similar issue? How did you approach?

[SoHoVe]

This should probably be moved to the Las Vegas subcatagory for better results.

[NLVgal]

No! Don't do it!

[logline]

No reputable big builder would agree (let alone demand) that you close before the house is finished. Don't do it.

[RestArea]

If this is a formal closing, the answer is not no but hell no. You close on the properly completed house, not on a promise.

If this is the final payment on a house (typically on your land) in which the builder has been receiving progress payments, simply withhold a large enough chunk of change to force the builder to actually finish. Example, when our house was "done" and the builder requested his final payment, I authorized a payment $40k shy of what he was owed for completing the build and ordered an inspection. He howled and said that hold backs weren't in the contract.

I simply claimed they were a normal business practice and he could just wait until the inspection was completed and any defects found were corrected before getting the last of the money. Amazingly, the defects found in the inspection were corrected in short order. I doubt that would have happened if I hadn't insisted on the hold back.

[BBMW]

Don't close. If you don't have a lawyer, get one.

[Cold Warrior]

You do know that this builder has cut corners. You don't know the extent. WALK AWAY.

[Tek_Freek]

It's probably a little too late to WALK AWAY don't you think?

I agree with previous posters. No more money until the work has been corrected and the house inspected. I have a great inspector that did work for us if you don't have one. DM me if you want his info.

[lvoc]

I don't see any choice but to stand fast and not close until reasonably complete. A hold back would work as well but there is no way to get a loan closed with a hold back. And as long as financing is involved I would think it would be very difficult to close with any restrictions on the deal.

So you hold tight as you can't work ably do anything else.

[Cold Warrior]

Originally Posted by Tek_Freek

It's probably a little too late to WALK AWAY don't you think?

I agree with previous posters. No more money until the work has been corrected and the house inspected. I have a great inspector that did work for us if you don't have one. DM me if you want his info.

No, I don't think so. If the contractor has missed deadlines then he is in breach of contract.