Legal Question in Real Estate Law in California

Home Buyer Recourse

Purchasing unattached home in Palm Springs area. Escrow opened 3/28/00. Estimated closing 10/15/00. Date extended several times. Work completely stopped for about three months. Letter of 7/25/00, Development Co Pres says expected completion in last quarter of 2000 not met. New schedule closer to first quarter 2001. Since letter, construction stopped several times, new subs and suppliers. New problem: deterioration of quality work. Supervisors agree. Cannot remedy situation. Nightmare could end and close escrow in 60 days. Can pre-closing walk-thru provide leverage to get the remaining work performed correctly and satisfactorily before closing? Item 14. Walk-Through of General Provisions of Agreement of Sale, Deposit Receipt, and Joint Escrow Instructions signed 3/28/00 states items need not be completed prior to Close of Escrow (CoE) and the fact that such items have not been completed prior to the CoE shall not entitle the Buyer to extend or delay the CoE. Do we have any leverage to assure everything is done in a quality manner. Do not believe work will be complete after CoE without a struggle. What do you suggest? Are we at the mercy of Developer and staff? Can we fight back and extend CoE until satisfied?


Asked on 7/02/01, 12:59 am

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Home Buyer Recourse

I think your problems need the immediate attention of a real-estate lawyer who practices in your part of the county. The lawyer can review your contracts for express and implied warranties of quality. The obligations of the builder and/or seller are not necessarily limited to what appears in the black-and-white of the contract. You are much more at the mercy of the developer if you lack professional help, however.

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Answered on 7/02/01, 4:50 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Home Buyer Recourse

It sounds like you already have a cause of action for breach of contract. I need to review all of the documents, however. You would do well by obtaining representation immediately. Please call me directly at (619) 222-3504.

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Answered on 7/06/01, 11:35 am


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