New home permit...20152 (real estate, how much, lawyer)

[DHCH]

Need help, we put contract in end of Feb 09. Everything approved, and we were told having settlement in mid June 09. We have the deposit of worth 14K to the builder.

Today, we came to know that they havent even got the permit to start the construction. Reason given was that county has stopped giving permits in the area till expansion of gum springs rd is done. And there's no timeframe. I dont know how far this is true.

Due to uncertainity, I want to terminate the contract but builder is not willing to do so.

Any advise is much appriciated...

[Denton56]

Oh my gosh, how scary this must be for you. I would call a good real estate attorney and ask him how you can get your money back.

Good luck to you.

[ChristineVA]

Unfortunately, you will probably need a real estate attorney. You need to read your contract VERY carefully and see what the stipulation is for the builder not meeting the delivery schedule. There is always room, for the builder, for some slippage but not anything unreasonable. I was suppose to move into my home in June but it didn't happen until late-November. Those delays are normal. But without even being able to get a permit??? I think you must have some recourse. Unfortunately, the builder will play hardball with you until you show up with a lawyer.

[DHCH]

Thanks Christine.

[Espressoo]

Where exactly is this development? I'm familiar with this area and have seen homes being sprung up weekly now that the weather is favorable for construction. The widening of Gum Springs was delayed due to land acquisitions. Rather than delay the start of the project, they wanted to widen the road in phases but ran into some issues as certain landowners didn't want to sell their properties. This is what caused some of the delays.

As for your home not being delivered in the promised time line, it was probably poor judgment (although very typical) of the seller to even give you that estimate. After a signed contract, it takes no less than 90-120 days to construct a moderate sized SFH in this area. Longer if it's a townhouse since they need to sell 75% of the homes in a certain row before they commit to construction. You also have to add to that time for architectural changes and permits. As you can tell, having a home built in 3-4 months after signing the paperwork is very rare now in this slow economy. The only time this might be accomplished is if it's the last few homes in a development. It wouldn't make sense for the builder to rush to build a house and after completion, they are left waiting. They would much rather time their construction to keep the process moving slow but steadily. Either way, they have you contracted and I'm positive the language of your contact allows them 1 if not 2 years to deliver your home. With the help of a lawyer, you might be able to back out of the deal but it's not going to be easy or without cost.

[DHCH]

Thanks Espressoo.

Development is in Little river common, builder is Ryan homes. And it is single family property.
Any suggestion on lawyer part, typically how much would that cost? I haven't started looking out for lawyer yet,

[DHCH]

Hello,
Thought of updating you and seeking advise.

It has been pathetic month so far. I hired attorney, paid $ 400, he wtote letters, and ryan's sales' team kept replyng to that didnt involve attonery from their side. And ryan homes didnt wnt to reduce price, nor giving reduce % rate.

Finally last monday i got call from county as well as ryan homes, permit issue is resolved and they want to begin construction. i am asking for price reduction of 20 K and lowered rate. But they are not willing to do so. I m dealing with their division manager but nothing's working out,

Do u know anyone else who is in similar situation like me? I am trying to search but not able to find

Thnaks in advace.