Legal Question in Real Estate Law in Pennsylvania

Re: Builder is not following the Agreement of Sale

Right now it's a good market for builders. In most locations, they can sell everything they can build. Is this a developement home? The good market MAY put you at a disadvantage because they may benefit from you 'putting your foot down', by allowing them to break the contract and sell to someone else.

If you want to push this, put it in writing. You expect him to give you what you contracted for. You want the door where it is shown in the drawings and or building plans. Advise that if they insist on placing it elsewhere, they will have to prove that they HAD to relocate the door (for a valid reason that WASN'T their fault). You can threaten to retain monies at closing sufficient at the closing to make the necessary changes to make the house conform to the original drawings.

ALWAYS memorialize ANY conversations regarding the construction (ex.- As per our discussion today, I want the kitchen color changed to green, and I understand there will be an additional charge to me of $1,000. Also, you agreed to delete the right side walkway and enlarge the back patio to 20' x 30', at no additional charge.)

Always document your understanding. NEVER be emotional in your letters - be factual ONLY. Some day a jury may see anything you write. You want to be and appear objective and reasonable. Judges and juries don't like to help out winey, bitchy, anal, compulsive and obnoxious people unless they HAVE to.

If this matter is significant to you, you should consult with an attorney unless you can discuss and resolve this yorself, and IMMEDIATELY. Don't let this sit. If he does it his way and then sides the place, it will be a much bigger job to 'fix' than it it is 'fixed' immediately.

Good luck.

Kevin J. Begley

856-672-1166