Legal Question in Real Estate Law in Texas

''Good Faith''

We are having a home built and the contract states that all major problems will be taken care of before closing. The minor items (touchup paint, carpet cleanliness, etc.) are at the discretion of the home builder. This builder also put out a five page letter stating the building process and that they will build our homes as good as or better than the model homes we saw that lead us to buying their home. If my home is not as good as their model, what can I do to insist they make it so, such as the number of paint coats on the walls and exterior trim? The quality of the sod work of the yards? The professional care given to the electrical work? Thanks


Asked on 7/10/02, 3:29 pm

1 Answer from Attorneys
Lawrence Maun Lawrence J. Maun, P.C.

Re: ''Good Faith''

I assume that you have a contract. That spells out your rights. If you relied on representations by the builder to enter into the contract, and the builder fails to honor those representation, the builder might have defrauded you. Sometimes contracts have language in them that attempts to circumvent representations made prior to the written contract being signed. These provisions should have no effect on your right to rely on the builders represetations. If the house does not meet your agreed to conditions you can refuse to close, or if you have already paid, you can demand a price adjustment or sue for it. It is best to keep inspecting the house and keep the lines of communication open with the contractor, letting him know immediatly of any problems. Larry Maun 713.266.2560; [email protected]

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Answered on 7/11/02, 12:15 pm


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