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Old 04-20-2009, 05:36 AM
Status: "Made the Retirement Run in under 12 parsecs!!!" (set 6 days ago)
 
Location: Cary, NC
43,083 posts, read 76,652,676 times
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Quote:
Originally Posted by galago View Post
Thanks! Since you don't think I have a breach of contract (why?), it would have to be Brandon's opinion... ;-)
(why?)
I don't think the ability to foresee possible failure to deliver is the same as failure to deliver.
I think the production schedule can be compressed, and that the 28 month period was arrived at to allow adequate time for the builder.
You don't indicate any fixed date for commencement of construction per the contract.
"Diligent effort" by the builder may reasonably include diligent effort to attain enough sales to make construction viable.
My thoughts should not be assumed to be advice. Just thoughts.

And I agree with Silverfall and Brandon that you should access legal counsel, rather than on line real estate agent counsel.
I sincerely think you need to have an attorney advise you regarding your contract and possible consequences of termination.
And I think that is the most valuable advice you can get here on the matter.
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Old 04-20-2009, 05:49 AM
 
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Thank you all very much for your thoughts and advice! We shall definitely have an attorney advise us on what to do, but I just wanted to see what the general idea was and if there were different points of view.
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