Builder contract (appliances, lawyer, house)

[JohnE1000]

I have a copy of Beazer contract to build a home. I found the contract to be biased tword Beazer. It protects the builder, but it doesn't protect me in any way.
For example:
They can change building materials as they see fit, appliances can be replaced with others, they can terminate the contract with no penalty paid to me, but if I defaulted or terminate the contract they keep my money. They said that they provide a home orintation before closing. In this session I must point out any things that need to be fixed, however I still must go with the closing date and they will fix it later...!

Are all builders have similar terms and conditions? Will they negotiate on the contract terms and conditions?

thanks

[bunnyrider]

We've built two homes in two different states with two different builders and the contracts seem to be the same ... definitely biased towards the builder. Not sure about the specific details you mentioned, but they are heavily biased towards the builder.

If you're concerned, have your lawyer review it. That's what we did both times and it at least made us feel better even if we couldn't change a lot of things.

[MikeJaquish]

Some Builders will use the Standard NC Realtor form.

Have your Realtor submit the Standard Offer to Purchase and Contract. see what response you get.

If using the Builder form, an attorney review is well-advised.

[rfb]

Those T&Cs are very different from the ones we signed when I built my house five years ago. I provided earnest money for the lot and home to be built (5% of the final cost in the contract), and would loose that amount if I walked away (which I could do up until closing).

The builder could not change materials, etc. without my approval. I could make changes in the plan and materials at any time, for a fee of course. The builder charged for materials and labor for those changes. He reserved the right to charge 20% above that, but he never did for any of the changes we made after signing the contract (and we made several!). Afterwards the builder said the 20% was really there in case he was dealing with someone who was constantly coming in and having them make ridiculous changes.

[VickiR]

Most of the builders in this area use their own contracts.

Yes, they do protect the builder. I suggest you have your Realtor or your Attorney review it prior to you signing it.

An example is that if your home is not ready yet, the builder has the contract worded so that if you do not close within a certain number of days, you will pay him a fee.

However, if the builder delays in closing, he will NOT pay you!

Interesting, huh?

Vicki

[JohnE1000]

Originally Posted by VickiR

Most of the builders in this area use their own contracts.

Yes, they do protect the builder. I suggest you have your Realtor or your Attorney review it prior to you signing it.

An example is that if your home is not ready yet, the builder has the contract worded so that if you do not close within a certain number of days, you will pay him a fee.

However, if the builder delays in closing, he will NOT pay you!

Interesting, huh?

Vicki

I am planning on having an attorney reviewing the contract.
Do you think a national builder (Beazer) will allow addendums?

[VickiR]

Sorry John, I really don't know.

It NEVER hurts to ask!

I'd like to hear how it goes!

Vicki

[sacredgrooves]

John, They(Beazer) wont allow addendums. My mother is my realtor and they wouldnt budge. It is their contract or nothing. They hold my feet to the fire with the contract, but I will gladly reciprocate and hold theres to the fire as an inspector lol.