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"SITE GRADING - Poor/Defective
Grade at right side is excessive and will continue to erode if not corrected. Roof runoff from neighbors house (on right side) will
make erosion even worse if not corrected. Retaining wall may be needed due to height and proximity to houses. Requires
review by builder and consider contacting local inspections department.
He did not not know the laws surrounding land grading and retaining walls. He told us he'd look into it then told us " Talk with the builder first. Then if you do not like his answer then speak with the local inspections department. "
I'm curious what the had to say when he got back to you after researching the retaining wall requirements.
How can he specify a retaining wall when he does not know the requirements? How would that be credible if there is a contention by the builder that a retaining wall is not necessary?
Sounds like you need to lean on the builder a little, but may need to back it up with an opinion from a professional engineer who does know the requirements.
Or... that professional engineer may differ with the home inspector and say that there are other means of controlling erosion and water flow that will be acceptable.
Or... ask the builder to have an engineer review the site and offer documentation that the concerns are nil, or have been addressed adequately.
Thanks for all the feedback. We provided in writing a response to the builder stating we would not close until the wall and drainage are properly complete
Thanks again for all the help, will update as we get feedback
I think the letter is a good idea, but you can also make an arrangement for the attorney to hold money in escrow (the amount of the cost of the repair) let's say the estimate is 5k, the attorney can hold that in escrow in order to pay for the repair after the closing. This way you know that the money is there, being held by a third party, so that it will get paid for.
So I spoke to someone in the Main office today regarding this issue. In short she pretty much told me that the Slope was not on our property so they where not required to put the retaining wall up before we move. She did say she could put it in writing that she would have one installed with 30 days. She also went on to say that if we did not close next week the builder would charge a pier diem for "seller not ready" as she put it (Sounded quit threating if you ask me). I continued to argue with her and she would not budge. She was pretty much rude and very defensive that we wanted to wait that this wall was built before we closed. She kept staying that since the slope is not on our property no laws or codes require them to build it.
I went back and read the contract and it does state that they can charge us a per diem for not closing on time.
Do you think getting it in writing is enough ?
Why are they pressuring us to close ?
Really confused and frustrated. Need some help
So I spoke to someone in the Main office today regarding this issue. In short she pretty much told me that the Slope was not on our property so they where not required to put the retaining wall up before we move. She did say she could put it in writing that she would have one installed with 30 days. She also went on to say that if we did not close next week the builder would charge a pier diem for "seller not ready" as she put it (Sounded quit threating if you ask me). I continued to argue with her and she would not budge. She was pretty much rude and very defensive that we wanted to wait that this wall was built before we closed. She kept staying that since the slope is not on our property no laws or codes require them to build it.
I went back and read the contract and it does state that they can charge us a per diem for not closing on time.
Do you think getting it in writing is enough ?
Why are they pressuring us to close ?
Really confused and frustrated. Need some help
The onsite agent works exclusively for the builder, not you, they are going to protect the builder. Consult an attorney that specializes in real estate transactions. Better to spend 300 on an attorney than closing without the various items taken care of. When you consult the attorney, bring your offer to purchase docs with you, also take pictures of the "slope" so that they can see the situation, bring your survey, bring your home inspection.
How about any local inspectors. Our Home inspector stated " try contacting local inspections department" For the town of Cary whom do I contact with this issue regarding the slope?
Can someone recommend a Real estate lawyer in the Cary, Apex or Raleigh area ?
How about any local inspectors. Our Home inspector stated " try contacting local inspections department" For the town of Cary whom do I contact with this issue regarding the slope?
Can someone recommend a Real estate lawyer in the Cary, Apex or Raleigh area ?
I believe that you will need an independent expert to put his/her license on the line stating that there is a problem.
That will give the attorney something to work with other than rhetoric.
The inspections department is "Inspections and Permits." (http://www.townofcary.org/depts/dsdept/I&P/inpindex.htm - broken link)
You need an attorny in the morning with those pictures in hand.In addition you need the towns engineer to make it that there is no certificate of occupancy issued due to the fact that the house COULD be undermined in a bad rain.
This was done wrong.
Heck I would call WRAL with these pics! No way would I close on this property. In fact not a chance would I buy it even with a retaining wall.
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