Legal Question in Real Estate Law in Georgia

Problem with the builder I bought a home from

I purchased a home from a builder November 2004. A portion of vinyl siding and a window in the unfinished basement that was busted out 2 weeks before closing were to survive closing and be replaced in 30 days. This agreement was in writing. Its now March 2005. Niether has been done. The builder says that the windows, siding and cabinets are now discontinued items from their original suppliers. I signed a binding arbitration clause in my purchase contract so I can't immediately sue. My question is, should the builder by now be eating the cost and having a major retailer or contractor do a custom job to honor the agreement, or should I let it ride a few more months?

Thanks


Asked on 3/04/05, 10:10 am

1 Answer from Attorneys
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Problem with the builder I bought a home from

If you think that the problem will be corrected without arbitration and within a reasonable time, then wait it out. Otherwise, initiate the arbitration proceeding.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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Answered on 3/05/05, 12:05 pm


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