Legal Question in Real Estate Law in New York
We are in the process of building a manufactured home in upstate NY. We signed a purchase agreement for 80,000 just for the house. The company we are buying the house from did an estimate of 28,000 for site work on the house (septic, electric and so on). We closed on the house November 21, 2010 for the 80,000 plus the 28,000 in site work. We paid a down payment on the house of 3,000 but the bank wanted us to give them another 2,500 a week before we closed which we couldn't do so the builder and us agreed that we wouldn't do a drive way which was 2,600. Now that we closed they began site work to discover that our septic was not going to be the regular septic but instead needed to be a shallow bed which is more expensive. They did the perk test in the rain after its been raining for 2 weeks. Then in bringing in gravel they went off the existing drive way and destroyed it (my father in law watched them do this) so they had to bring in a bunch of fill for the drive way which they want us to pay for. The builder is now asking that we bring in 175 to 185 yards of sand to off set the 3000 cost of gravel (which was used for the pad and the drive way). The amount of sand they want us to bring in is over 3,500 dollars worth. In talking with people who do septic tanks they are telling us there is no way they need that much sand and that we are being ripped off. My question is: if the contract said it would be 28,000 for all site work can they legal charge us more after we closed? They never did the perk test to see what type of septic we needed they assumed. Please let me know.
1 Answer from Attorneys
My question is: if the contract said it would be 28,000 for all site work can they legal charge us more after we closed?
A. Unfortunately, without reading the contract it is impossible to properly answer your quesiton. Upon reading the contract, I would have to determine if the amount is a flat fee or if it is conditioned upon other factors. If the amount is a flat fee, then the answer to your question is no. If there is a condition to the fee, then the answer would be yes.
Mike.