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dissatisfiedhomebuyer 12-19-2007 12:30 AM

Need help with new home construction nightmare
I recently signed a contract for a new home to be built. It has been a nightmare from day 1. From the stone not being the color that the sample was to the stucco color not being the color it was supposed to be. The stucco was clearly the wrong thing they put up on the house. They have not corrected it and we are due to settle next week. I also paid extra for certain options that they have botched up. They are forcing to me to settlement with a 3 car garage and no driveway. They have installed carpet with no electricity so I know all the mud there was left there to destroy my new carpet. I have gotten no where with the builder, even after paying for a laundry shoot only to find out they engineered it to dishcharge on the top of a wire shelf in the laundry room closet. It was not bad enough that they were told about the mistake but i guess as a joke to them someone decided to throw pieces of lumber down the shoot only to bounce off the wire shelf denting the finished drywall. I am starting to think because i didn't think this house with all the wrong stuff on it was my dream house that they started to do things intentionally to upset me I just don't know what to do and it is affecting my health but i already got a deposit of 24k with them . Does anyone know if I can withhold money at settlement?

Bondo 12-19-2007 08:15 AM


You Need a Lawyer from your home area,.........
Not some anonymous advice from a DIY forum..........

slickshift 12-19-2007 07:22 PM

Lawyer Up
Yup...time for a lawyer
You can't NOT afford one at this point
You need someone to go over the wording in your contract, and what was done in reality (with no emotional embellishment), and this someone has to know the law regarding contracts in your specific county or state (as laws vary greatly), to tell you what options you have

Chris Johnson 12-19-2007 09:59 PM


Originally Posted by slickshift (Post 81926)
Yup...time for a lawyer
(with no emotional embellishment)

This is the important part right here, keep it factual, makes things much more easier to determine rghts and wrongs.

Is this US or Canada?

mdancey 12-25-2007 03:06 PM

I'd liket to know where it's being built as well. In Ontario you are protected under the Tarion act. If you are in Ontario you can check them out at this site. If you're not in Ontario hopefully your province or state has something to protect you.

You may want to check your contract with the builder in regards to the colour of the stone and stucco. He/she may have stated that it will be as close to the colour shown as possible. Colours do vary from load to load and the colour that you chose for your stucco could look VERY different from the sample you may have looked at indoors and how it actually looks on the outside of your house.

Good luck!

troubleseeker 12-26-2007 05:51 PM

How can they "force you to settlement"? Get a lawyer quickly and postpone the settlement. Once they have the moeny, you have lost your leverage, and since it sounds like you may be dealing with a high volume wham bam developer, he has no interest in satisfying you as a customer, as you are considered a one time deal.

I could see the possibility of some variation in the stone color, as it is a natural product, and subject to the whim of nature, not a chemical formula like synthetic products, but if they are not concerned about the wrong color stucco, I would have real doubts about the quality of stuff inside walls, like plumbing valves.

Ron6519 12-27-2007 02:11 PM

Troubleseeker, What plumbing valves are in the wall? I understand the point of the hidden aspects of the construction, just not the valve issue.
As an aside, did the contract for the house specify which grade pipes were being used(if copper was used)/

scorrpio 12-28-2007 12:57 PM

Real estate contracts should always be done through a qualified lawyer. People try to save the $700-900 lawyer fee and end up losing a whole lot more. Case in point - had you a lawyer review the contract before signing, you would be alerted to its potential pitfalls, And your deposit would be not in builder's pocket, from where it will be very hard to extricate, but in a securely held escrow account. As it stands now, all lawyer can do is try and salvage whatever can be salvaged, but don't set your hopes too high. Oh, and get an independent home inspector on the case. It might cost you and extra $400 or so, but stands to save you a lot in the future. In my recent home purchase, a $350 inspection revealed about $2000 worth of required repairs that seller had to address - repairs that would have to come outta my pocket if not for the inspection.

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