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I have a 3 year old home with construction defects. The builder is
uncooperative and unresponsive.
I have spoken with 3 lawyers, all say I have a good case and then it's
onto "it will cost much more to pursue compared to the value". My
house is valued around $185,000 right now.
On the other hand if I try to sell it I have to disclose the defects.
I'm in a no win situation here so what do I do????
The NC attorney general has no jurisdiction over contractors.
I filed a complaint with the NC State contractor licensing board-that
was a joke.
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In article <pkp4v3hcvrs2g35lg4e6ibsrd8937jll9i@4ax.com>,
hands on <jordan7769@gmail.com> wrote:
I have a 3 year old home with construction defects. The builder is
uncooperative and unresponsive.
I have spoken with 3 lawyers, all say I have a good case and then it's
onto "it will cost much more to pursue compared to the value". My
house is valued around $185,000 right now.
On the other hand if I try to sell it I have to disclose the defects.
I'm in a no win situation here so what do I do????
You can fix the problems and pay for it yourself. That will allow
you to sell the property. Since the problems are fixed, there
are no defects to disclose. Chalk up the costs to education,
and knowing why you should always get a home inspection before
closing on real estate.
Your other option is to try to sue the builder. If you add
everything up, it will likely be more than what you can sue
for in small claims court. The process of going it alone in
a higher court is pretty difficult, and the deck is staked
against the owner.
You may, however, be able to take each individual item to
small claims court. That is a much more informal setting.
You just have to show your problem and give some documentation,
and perhaps a statement from an expert. Just break the
problems down into chunks the fit under the small claims
limit.
-john-
--
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John A. Weeks III 612-720-2854 john@johnweeks.com
Newave Communications http://www.johnweeks.com
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jordan,
I have a 3 year old home with construction defects. The builder is
uncooperative and unresponsive.
I have spoken with 3 lawyers, all say I have a good case and then it's
onto "it will cost much more to pursue compared to the value". My
house is valued around $185,000 right now.
On the other hand if I try to sell it I have to disclose the defects.
I'm in a no win situation here so what do I do????
First, you notify the general contractor (and maybe others) that you have
a problem, in writing, you give them a specified period of time to fix the
problem, if the problem is not fixed to your satisfaction you hire someone
to fix the problem, then you decide whether to sue based on simple math.
Second, you write a letter to the editor of the local paper, call the
local TV station, talk to the local building inspectors ( they approved your
defect), write the BBB,
there's an online contractor's rating service similar to craigslist to which
you can write.
The NC attorney general has no jurisdiction over contractors.
This a is a civil matter, it's up to you to prosecute.
I filed a complaint with the NC State contractor licensing board-that
was a joke.
Good luck,
Dave M.
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On Apr 1, 9:45=A0am, hands on <jordan7...@gmail.com> wrote:
I have a 3 year old home with construction defects. The builder is
uncooperative and unresponsive.
I have spoken with 3 lawyers, all say I have a good case and then it's
onto "it will cost much more to pursue compared to the value". My
house is valued around $185,000 right now.
On the other hand if I try to sell it I have to disclose the defects.
I'm in a no win situation here so what do I do????
The NC attorney general has no jurisdiction over contractors.
I filed a complaint with the NC State contractor licensing board-that
was a joke.
Do you have an arbitration agreement in your contract? If its really
not worth the cost of retaining an attorney you could go to
arbitration yourself. Its far less complex than going to court.
-robert
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On Apr 4, 7:39 am, "Robert M. Gary" <N70...@gmail.com> wrote:
On Apr 1, 9:45=A0am, hands on <jordan7...@gmail.com> wrote:
Do you have an arbitration agreement in your contract? If its really
not worth the cost of retaining an attorney you could go to
arbitration yourself. Its far less complex than going to court.
-robert
I have contacted the builder in writing, he refuses to fix anything.
I went through the BBB, that resulted in nothing-unresolved.
The defect includes my concrete slab foundation-it's not going to be a
cheap fix, my house is settling unevenly due to improper soil
compaction.
I need to find an attorney that will do it on contingency basis. I
live in the Wilmington,NC area.
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On Apr 4, 7:39 am, "Robert M. Gary" <N70...@gmail.com> wrote:
On Apr 1, 9:45=A0am, hands on <jordan7...@gmail.com> wrote:
Do you have an arbitration agreement in your contract? If its really
not worth the cost of retaining an attorney you could go to
arbitration yourself. Its far less complex than going to court.
-robert
Yes I do. I looked in my purchase offer and it's in there.
The contractor has "said" he will buy my house back for what I paid
for it 3 years ago.I have not received anything in writing. The house
is appraised at $40,000.00 more than what I paid for it. Would an
arbitrator take the fair market value of the house into consideration?
Is an arbitrators decision binding?
What happens if the contractor does not follow through with the
arbitrators decision?
The way I see it is the contractor wants to buy my house back, put
some new cheap carpet in it and sell it again making a quick
$40,000.00 and passing the problem on.
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