Legal Question in Real Estate Law in Illinois

Re: New Home Construction Delayed by Builder

Given the specificity of that clause requiring delivery within 180 days, you may be able to get out of the contract and get your money back. However, there may be another clause that excuses performance, so I can't tell you with certainty what your rights are without reviewing the whole contract. You should consult a lawyer to have this done, but again, you may have the ability to break the contract and get your money back if you act promptly.

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Re: New Home Construction Delayed by Builder

Probably but you will need to have an attorney review your contract to ascertain your exact options at this point. Also, you probably cannot do anything until the date of completion has passed.

Re: New Home Construction Delayed by Builder

Your rights and obligations are governed by your sale/purchase agreement. Without reading the contract, it is simply not possible to give you accurate advice.

With that caveat, you should know that if one party is in material breach of a contract, the other party need not perform its obligations. Stated differently, if the builder is in material breach of the 180 day provision, it seems likely/reasonable that you would not have to wait an unreasonable time to have your home built. This is especially so if the contract states that "time is of the essence." (By the way, I recommend if you ultimately decide to buy new elsewhere, you insert a "time is of the essence" provision in the contract.

Again, it is simply not possible to know your legal rights and obligations without a review of the contract at issue.

-- Kenneth J. Ashman; www.AshmanLawOffices.com; [email protected]

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