New Home Buyer - any legal rights if house construction is delayed for months (incentive, housing)
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I signed a contract with a "tract" builder for a new home in February. My house isn't finished yet - it will take them another 2 months - even though the contract indicates an estimated date of July/August. What should I do?
I signed a contract with a "tract" builder for a new home in February. My house isn't finished yet - it will take them another 2 months - even though the contract indicates an estimated date of July/August. What should I do?
Does your contract say that they have done their duty as long as they deliver finished product in 24 months, despite any estimated time?
Good to know some things haven't changed (but sorry for your frustration). Builders *NEVER* finish on time unless there's a hefty financial incentive for them to do so. Tract housing construction is a mobile, roving assembly line. If your foundation guy gets held up over here on this site, that creates delays downstream. Same thing for framing, plumbing, electrical, etc. A couple hours of delay here can really balloon when they're working on multiple projects simultaneously.
I feel your pain, but I don't think you have any recourse. That fine print none of us ever reads really bites!
I signed a contract with a "tract" builder for a new home in February. My house isn't finished yet - it will take them another 2 months - even though the contract indicates an estimated date of July/August. What should I do?
As you stated, it was an "estimated" date.
And ERH is correct, there are many things that cannot be controlled.
Does your contract say that they have done their duty as long as they deliver finished product in 24 months, despite any estimated time?
As Mike suggested, your answer will be found in the contract you signed. The builder might have "estimated" a completion date, but in reality the contract could say--WHENEVER it is complete and might have some provisions such as --provided the builder is making progress , in good faith, ect...
I signed a contract with a "tract" builder for a new home in February. My house isn't finished yet - it will take them another 2 months - even though the contract indicates an estimated date of July/August. What should I do?
Generally speaking (and I've actually worked for a few national "tract" builders) there will be a paragraph in your contract that #1- states what constitutes as an "excusable delay" and #2 states what actions you as a buyer may take is the builder misses the closing date.
As someone else said, the date on the contract is an estimated date, and in reality they didn't give you a date. They gave you a month(s). I'd also be willing to bet there is a sentence in your contract that states the builder will provide you with an actual closing date 30-45 days before completion.
Just out of curiousity, what stage is your home in right now?
Quote:
Originally Posted by ERH
Good to know some things haven't changed (but sorry for your frustration). Builders *NEVER* finish on time unless there's a hefty financial incentive for them to do so. Tract housing construction is a mobile, roving assembly line. If your foundation guy gets held up over here on this site, that creates delays downstream. Same thing for framing, plumbing, electrical, etc. A couple hours of delay here can really balloon when they're working on multiple projects simultaneously.
I feel your pain, but I don't think you have any recourse. That fine print none of us ever reads really bites!
Completely and utterly wrong on all accounts. There is always a huge incentive for a builder to finish a home on time, other than financial gain. When a project drags on thats less people they have available to work on other homes. 9 times out of 10 the home is finished weeks before the closing is actually scheduled to occur and all that is left to do is last minute touch up kind of stuff.
As far as the foundation guy getting held up causing a backup later on down the road, again incorrect. There are ALWAYS to catch up a home. I have seen model homes built in 28 days before so don't say that a builder can't catch up.
I had a whole paragraph typed up about the delays inherent in custom build jobs, then I noticed you said this was a "tract" home.
If the house isn't a custom build, then I have nothing. The production builders in my area build a house in 60 days or less, so your delay is longer than the total time to build a house for them.
I had a whole paragraph typed up about the delays inherent in custom build jobs, then I noticed you said this was a "tract" home.
If the house isn't a custom build, then I have nothing. The production builders in my area build a house in 60 days or less, so your delay is longer than the total time to build a house for them.
All too often, we can lose a month for permit processing...
4-6 months for tract building here.
But many of the tract builder contracts list 24 months as a reasonable period. Seeing a client sign that always makes me queasy.
Were in the process of having a custom home built on land i owned, not a development or cookie cutter builder. he started pulling permits about june 15th, our septic permit alone took 7 weeks to get back which of course held up well permit and final building permit, they had to redraw the building plans twice to pass kent county to include 32 piers, and 3 (4) 2x12 main beams in the crawl space of a house thats only 64x34. they finally broke ground august 17th, had footers poured same day, foundation and piers done in 2, and they are about 3 weeks 2 days of actual work (since irene hit) and they have all sheathing done and are puting shingles on this weekend windows tuesday, siding wednesday and this is a 3600 sq ft cape cod. Their finish date is still projected as november 17th, 3 months from the day they broke ground is what we have been told. they seem to be going at a very good pace.
I dont believe there is anything you can do. our house was originally supposed to have been done mid September. we signed our contract march 28th or so. it just takes a long time. our first child is due november 3rd and now our house wont even be done in time but we are happy with the builders quality so its worth it in the end.
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