Legal Question in Real Estate Law in Illinois
How to make the builder accountable for the poorly done job?
Last summer I purchased a duplex directly from the builder. Before the closing I realized he was unreliable and not trustworthy person, but it was too late to back out from the transaction.
Later we found out he hasn't completed the punch lists for the other residents for a year. He�s been misleading all of us trying to avoid fixing the houses. This is his responsibility under the builder�s warranty. He also refused to turn over the association to the owners, since he was benefiting from this.
Two weeks ago, the builder called the annual meeting. He didn�t show up, instead his attorney did. At that time we found out the purpose of the meeting was to turn over the association to the owners. The attorney informed us that the mgmt company quit in mid December. We�ve inherited unpaid bills, including a bill for the attorney. The lawyer also threatened us that if we wouldn't take over the association at that time, this would cost us.
We are left without blueprints of the house, and any contacts with the sub-contractors who built the houses. Although we have a year warranty on the house, we were not able to contact the builder, he�s disconnected his phone. What are our rights?
Any advice is appreciated.
Thank you
MBK
2 Answers from Attorneys
Re: How to make the builder accountable for the poorly done job?
First, the scope of your question is really beyond what the purpose of this site is. Second, where are the buildings, i.e., what county? This will determine what bar association you will call for a referral to a lawyer with real estate experience. You definitely need the advise of an attorney. Good Luck!
Re: How to make the builder accountable for the poorly done job?
Sounds to me like you have claims against the builder for breach of contract, breach of fiduciary duty and, potentially, fraud -- the ones I can think of offhand. Definitive answers to these questions may be found in your association's Declaration, and other sales/contract information.
Unfortunately, problems like yours are not uncommon. One of the issues about which you should remain concerned is statute of limitations questions, so I would not delay too long seeking resolution of these issues.
-- Kenneth J. Ashman; Ashman Law Offices, LLC; [email protected]; www.lawyers.com/alo
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