Legal Question in Real Estate Law in Missouri

my builder is in breech of contract

I entered into a contract to build a new home. I gave the builder $75,000 plus an additional $7,400 for rock removal. The home was to be completed Nov 2005. To date the house is still incomplete. The builder offered to step in and complete the house and buy me out with a 90 day time period. I accepted his terms and the 90 day time period has elapsed to 130 days. My builder says he is in breech of the offer to buy me out but is offering to give me some money with no guarantee of any amount. My question: since the builder's offer to buy me out represents an amendment to the original contract, and because he is in breech of it, does the origional contract dissappear or is it fully enforceable??? Also, had I known that the builder's offer of a buy out would be breeched or made NOT in good faith, I would NEVER have agreeded to it. Does this matter??? HELP PLEASE


Asked on 8/22/06, 12:58 pm

1 Answer from Attorneys
Joseph Burcke Joseph R. Burcke, Attorney at Law

Re: my builder is in breech of contract

In order to give you intelligent advice, I will need to see the contracts involved in order to determine if the latter agreement cancels the earlier one. If you would like me to review the agreements, please contact me.

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Answered on 8/22/06, 4:45 pm


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