Legal Question in Real Estate Law in Utah

Re: What can we do if our builder is past the deadline

It is likely that something can be done, but will depend on the agreements between you and the builder. These kinds of cases depend on the written and oral agreements, and what can be verified. This is a case which I would need to discuss with you in order to give you a good response. In general, you do have remedies, and can certainly improve your situation.

Re: What can we do if our builder is past the deadline

Your rights are largely determined by your contract. Is there a "time is of the essence" phrase in the contract? Probably not. If so, you can hold the builder to the deadline (and what is the penalty for going past the completion date?). If not, then a court would assume a "reasonable" time for completion. It sounds like you may be outside of that range with the framing not yet done.

The loan is another matter that complicates the issues. The builder and lender agreeing that the builder assumes the loan and releases you from any obligation would be the ideal, but that really depends on the lender.

An attorney should review your written documents in order to give you a good description of your rights and obligations. It may be that getting an attorney involved will speed the builder's work (if the home can be compeleted within some reasonably short period of time you may be required to purchase the home despite your wish to get out of the contract). You can reach me at the addresses below if you choose.

Mel Larew