Legal Question in Real Estate Law in Maryland
Builder contract breach
Purchased a home to be built, builder approved home selection with options on specific lot. Purch date was 7/99, settlement date 4/00. In 1/00 builder notified us that house would not fit on lot and now there are no other lots available in this phase. The other builder in our development is a subsidiary of our builder. Other phases will not be started for years. I sold my house and mother in law sold her house due to contract agreement. What remedies do we have availabe? Can we force them to build our house on other builders lot?
1 Answer from Attorneys
Re: Builder contract breach
It sounds like your builder made a major mistake in not ascertaining that the building as specified would fit on the lot you purchased. Accordingly, he can be held legally responsible if he cannot perform under the contract terms. This might require him to purchase an adequate lot from the other builder if one remains available. If not, he may be required to find you an acceptable lot at some other location, if that's feasible.
He should also be responsible for any additional costs you incur due to the obvious delay that will prevent you from moving when planned. Such as the cost of interim housing.
Do not hesitate to see an attorney about this, as you have significant legal rights that must be protected and a lot at stake. If you have further questions, you can e-mail me directly at [email protected] or telephone me at 301 986-4555.
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