Legal Question in Real Estate Law in New York
Built a new home, lots of problems
We built a home with a local, very experienced builder on our own land. In short, what we encountered throughout the process were construction delays, the failure of the builder and his staff to return phone calls and keep promises. What we were told would take 4-6 months took approximately 12-13 months. At the closing(in 3/03), we made a punch list of numerous items which had to be completed and repaired. While some of the items have been completed, some others have not.
I tried calling and writing them, but they basically did not respond. While I'm sure everyone would agree we received lousy customer service, my question pertains to what we can do about what we feel is a breach of contract legally. The contract provided that the items in the punch list would be completed in a reasonable time frame. Here we are nearing August(5 months after closing), and there are still items left to be addressed. What do you suggest?
3 Answers from Attorneys
Re: Built a new home, lots of problems
Did you hold money in escrow pending completion of the punch list? You should call the attorney who represented to in connection with the purchase. He/she should be able to tell you what your options are.
Re: Built a new home, lots of problems
You certainly have an opportunity for recourse against the contractor, especially if the agreement was in writing...�..however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
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Re: Built a new home, lots of problems
Not having the benefit of seeing the contract, this is a difficult question to answer. What provisions were made, if any, regarding constructions delays, time deadlines and remedies for breach? Were any escrows provided for incomplete matters? Sounds like you have a lawsuit against the builder and, possibly, a malpractice claim againt your attorney who prepared the contract. I suggest retaining a local real estate attorney to review the contract and assert your claims. You will probably have to sue.
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