Legal Question in Real Estate Law in New Jersey
Is there any recourse on my part for builder not completing my house on time?
April of 2003 WE signed a contract to have a new home built.Original completion date was to be Dec. 2003 with a late completion date of March 2004. March we were asked to resign the contract because winter weather prohibited the builder from completing our home. So we resigned and was given a new completion date of June 2004 with a late of Sept.2004. The builder now informs us the home may not be done until Nov. 2004. During this time I have had to put a family member,who was to move in with us in June into their own apartment at a cost of $1100/mo. and I have been paying for two storage units for over 1 year. We gave the builder $25,000, a good faith deposit, in May 2003. The current price of the home has gone up $70,000 to the base price and I think the builder is trying to force us out of the contract to sell this home at a higher price. If the home is not complete and I do not resign this contract do I have any recourse to recoup the money I was forced to put out because the builder took almost two years to build this home.(Side Note: Other homes have been completed and I know these contracts were signed after ours.) As it stands the builder is only willing to give me back the $25,000 deposit if I do not resign.
3 Answers from Attorneys
Re: Is there any recourse on my part for builder not completing my house on time
What does you contract provide as to your recourse if there are builder delays? Are there any penalties for late delivery? I suspect you have a standard builder's favorable contract that only allows you to get your deposit back, with no interest, if there are delays. Does the development have sections, with a schedule of which sections are to be completed first? Where does your lot fit in the construction scheme? If you can establish that the builder has acted fraudulently by deliberately delaying your construction, you might have a damage claim, but you are probably facing an uphill battle. There are insufficient facts to provide a better reply. I would have to read the contract to give you a better answer.
Re: Is there any recourse on my part for builder not completing my house on time
Sorry but you have to take the contract to an atty. There are too many unknown factors to give you much of an answer. What does the contract say? Can you make time of the essance? Does the contract limit your damages? etc.
This IS potentially very complex, depending upon what the contract says or does not say.
Good luck!
Re: Is there any recourse on my part for builder not completing my house on time
Sounds like you are getting the runaround from the builder. There should be language in the contract addressing these problems and therefore the contract must be reviewed to determine your legal rights. You may be able to recover your economic losses, but again we have to look to the contract language which controls this sale. I would be more than happy to review this mater with you. Please call me to discuss this matter further 856-489-4353
Whether you are buying or selling a first home, second home or a vacation home, a purchase or sale of any home is a large investment and therefore, you should consult with and retain an attorney to represent your interests in buying or selling any real estate.
Blair C. Lane, Sr., Esquire, is admitted to practice law in the State of New Jersey and the
Commonwealth of Pennsylvania. The information contained in this response is intended to
provide general information regarding a general legal question. This information contained in the
response is not to be construed as legal advice and you should not rely upon any information as
legal advice. Legal advice can only be obtained through a complete consultation with my office
or an attorney admitted to practice law in your State. Any information obtained through this
response should not be deemed to create any attorney/client relationship.
The law office of Blair C. Lane, Sr., provides �Personal - Professional� Legal Services for
clients through out New Jersey and Pennsylvania with a diversified litigation practice, consisting
of assisting clients and their families with various legal matters such as Serious Personal Injury
Cases, (such as auto accidents, brain injury cases, dog bite cases, product liability cases, wrongful
death cases & slip & fall cases), Workers� Compensation Cases, Real Estate Matters, (buying or
selling a home), Traffic-Municipal Court Cases, (traffic tickets, drunk driving etc.), Estate
Planning, (consisting of preparation of wills, trusts and living wills) Employment
matters-litigation, contract disputes, corporate/business matters, as well as many other areas of
the law to meet the needs of his clients.
The office is located minutes from Philadelphia in Cherry Hill, New Jersey and is
conveniently located to the New Jersey Turnpike, NJ Route 295, NJ Route 70, The Atlantic City
Expressway, Garden State Parkway and the Ben Franklin and Walt Whitman bridges.
Blair C. Lane, Sr. Attorney at Law
Two Split Rock Drive
Suite 5
Cherry Hill, NJ 08003
Telephone: 856-489-4353
Facsimile: 856-489-4363
E-MAIL: [email protected]
Web Site: www.njattorneyatlaw.com
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
