Legal Question in Real Estate Law in Massachusetts
Foreclosure
We signed a P&S with a builder RG Williams, he went under and stole from us $17,000 P&S money to be used in construction. We also gave an additional $10,000 for installation of HVAC system. Which was never installed. The bank foreclosed on the property and sold it for $225,000.00 from the original $324,900. I want my money back from the bank, I want my $10,000.00 from the builder. Also I want to make sure he does not get his builder's license again under a different name?
I also want the real estate agent George Goulas of REMAX which was a seller's agent to be held responsible for not helping us and not returning our phone calls and basically misrepresenting the builder?
How do I go about doing it, when his attorney Kevin David was told about the breach of contract of finishing the house and to refund our money. He promised the house would be finished on May 31, 2006, never was done.
Thank you for your help.
2 Answers from Attorneys
Re: Foreclosure
Talk to your local district attorney's office if you believe there has been a larceny (theft). Consult an attorney about suing the real estate agent and the agency (REMAX). The bank likely had a first mortgage, which means they get paid first from the sale of the land.
Re: Foreclosure
If the company "went under" it will probably be difficult to get your money back, although you may be protected to some extent if the company is in bankruptcy. If not, and the company's principles knew they would fold but took your money anyway, you might, while difficult, be able to reach the personal assets of the principles to satisfy amounts owed to you.
If the company still existed, you would have incredible leverage against it under the Home Improvement Contractor Statute, under which you can receive up to 3 times the amount of your actual damages, and recover your attorney's fees. There are additional remedies available as well, such as the consumer protection statute, and common law legal claims. But, as I say, your claims are only as good as the the amount of available assets to satisfy a judgment in your favor on those claims .
You can file a complaint against the principles' Home Improvement Contractor license, which can result in both criminal charges brought agaist the contractor, as well as punishment in the form of restrictions on their License (or they can be stripped of their license if they have a negative history), and heavy civil fines against them.
My practice focusses on construction contract matters such as this, and I have often brought the very claims described here. Feel free to contact me directly if you want to discuss the feasibility of bringing claims for the return of your money in view of the difficult circumstances you are in. If there is a way to get you paid, I will find it.