This is a Delaware problem:
-Spec house under construction (about 50-75% complete) when offer made. (History - there was previously on lot a manufactured home (i.e. trailer) so there is an existing septic and well.) Builder was hard nose that he would not alter or make any changes in plans unless paid for up front. (House was being advertised as a potential 5 br 3 bath cape cod on 2 acres - unfinished upstairs - hence 2 of the br and 1 of the bath). Not a custom house, standard house/no frills or fancy stuff. Buyer paid to have the 3rd bath roughed in, along with any other changes she wanted.
-Contract said "standard septic" provided. Buyer added in contract that builder would have it certified. (Apparently in DE septic & wells must be inspected by county authority). But builder was adament that he wouldn't be doing any changes - but this part is not in contract - it was pulling teeth to get the certification part in the contract.
-Fast forward to walk though: no hand rail on 1 side of outside front steps, other handrail is held up by scrap lumber, no grading/fill, nothing on septic. Also contract stated 3 dormers, only 2 on house. Needless to say, build said he wouldn't do anything else on house - buyer very mad and pushing for completion.
-No septic cert ever done, so buyer has it inspected/flunks. Builder wants to give deposit back so he can sell it for more $$$.
-Buyer had file complaint with county, he was trying to sell house w/o cert, filed with DE atty general, has a letter to DE real estate commission since her realtor was saying that the builder was right (builder has different realtor).
-So the question - can she force the issue of having builder replace septic as his cost since the contract said standard septic but didn't list it that is was for a certain size house? I would think that if he was advertising a potential 5 br 3 ba that the septic would have to comply and certainly with a trailer there prev it would be too small.
She really wants house and is willing to wait (a resonable amt of time) for all corrections.
-Yesterday DE dept of justice contacted her to make a formal complaint against builder.
So is there anything else she should be doing?
thanks
RA
-Spec house under construction (about 50-75% complete) when offer made. (History - there was previously on lot a manufactured home (i.e. trailer) so there is an existing septic and well.) Builder was hard nose that he would not alter or make any changes in plans unless paid for up front. (House was being advertised as a potential 5 br 3 bath cape cod on 2 acres - unfinished upstairs - hence 2 of the br and 1 of the bath). Not a custom house, standard house/no frills or fancy stuff. Buyer paid to have the 3rd bath roughed in, along with any other changes she wanted.
-Contract said "standard septic" provided. Buyer added in contract that builder would have it certified. (Apparently in DE septic & wells must be inspected by county authority). But builder was adament that he wouldn't be doing any changes - but this part is not in contract - it was pulling teeth to get the certification part in the contract.
-Fast forward to walk though: no hand rail on 1 side of outside front steps, other handrail is held up by scrap lumber, no grading/fill, nothing on septic. Also contract stated 3 dormers, only 2 on house. Needless to say, build said he wouldn't do anything else on house - buyer very mad and pushing for completion.
-No septic cert ever done, so buyer has it inspected/flunks. Builder wants to give deposit back so he can sell it for more $$$.
-Buyer had file complaint with county, he was trying to sell house w/o cert, filed with DE atty general, has a letter to DE real estate commission since her realtor was saying that the builder was right (builder has different realtor).
-So the question - can she force the issue of having builder replace septic as his cost since the contract said standard septic but didn't list it that is was for a certain size house? I would think that if he was advertising a potential 5 br 3 ba that the septic would have to comply and certainly with a trailer there prev it would be too small.
She really wants house and is willing to wait (a resonable amt of time) for all corrections.
-Yesterday DE dept of justice contacted her to make a formal complaint against builder.
So is there anything else she should be doing?
thanks
RA
