Is it legal for the builder to cancell purchasing agreement if a buyer finds and asks to correct defects?

Answer 1

read your agreement builders create their own agreements with all kind of wacky clauses that a lawyer usually has drawn up, if it's in the agreement even though it maybe wacky in order for a court to invalidate it, the clause must either violate a state statute or go against public policy

Answer 2

It is not only in the agreement, but there are general contract clauses that apply, like mis-representation, bad faith, non-performance, fraud, etcetera.

Feel free to consult a good legal aid lawyer, well reputed in construction contracts. Or find a construction lawyer in the yellow pages and negotiate for a first free consultation hour.

They will ask all the facts to pinpoint any possible justification of claims and defenses and tell you whether it is worth your while to start a case or just settle for an amount.

Answer 3

If you want an attorney to read the contract to see if there is a clause that states that then go to this website:

www.prepaidlegal.com ($16.00 a month unlimited consultations)


Some builders have a tendency to put strange clauses in their contract because they usually are trying to get away with something. I have seen many clauses that won't hold up.

I have been in the real estate field for 16 years as a Transaction Coordinator (I check contracts and do all the paperwork need for the entire contract)

Answer 4

ok, so which you for sure tousled. loosen up...... you probably did not have a shopper settlement with Realtor#2 did you? And, they did not practice you the living house you obtain top? So, have Realtor #one million touch the builder and practice them your purchasers settlement. that ought to get Realtor#2 out of ways. when you consider that Realtor #one million is the only that invested time and power into serving you interior the 1st place, you owe them some loyalty. i could quite question the integrity of Realtor #2 in the event that they're keen to take fee for a sale they did not make. i could certainly project that. (Assuming they did not practice you the living house you obtain) If Agent #one million will not be able to get everywhere with the builder and Agent#2 does not practice any integrity, you're able to attempt this: furnish agent #one million a small fee to be released out of your settlement. the quantity will cover any expenses the agent or broking provider could have incurred. i could furnish everywhere from $200-$500 counting on how a lot time and attempt this agent spent on you. no person has ever sued or gained over a shopper's settlement being broken because of the fact #one million they're just about impossible to enforce and #2 it does not be super for corporation image or acceptance. i understand brokers who've opted out this way extremely than attempt to enforce the settlement. in case you get to this point and Realtor #one million takes the choose out... confirm you advise them on your pals and warn others to stay far flung from Realtor #2. wish all is going properly.

Answer 5

Yes it is. If anything the buyer is saying would ADD or TAKE AWAY from the already agreed contract it would.

If however both builder and buyer agree to fix it and an AMENDMENT is given to the contract then it is ok.

Answer 6

No unless it is spelled out in PA. On the other side does PA say the defects will be repaired under warranty? Read the agreement and never sign one if it's not in your best interests.

Answer 7

If the builder is trying to back out because you want some stuff fixed I wouldn't want the house anyway. He probably won't be around for the warranty either. Check out SIREDevelopment.com

Answer 8

Sorry you are dealing with this type of situation. I must say that posting questions on the web may get you good answers but they may not be appropriate for the laws in your particular state, city, county.... You should get this type of advice from either a varied group of Real Estate agents from different areas around your city or an attorney who offers free telephone consultation. My company offers this type of service and you can call to get answers to an unlimited amount of questions. I hope this helps you. If you want to get more info call me at 866-553-1251

Answer 9

I can't say for sure without reading your contract. There should be clauses in the contract for disputes. It may be necessary to find a lawyer to look at the contract. To have him look at it and give an opinion should cost about $50, well woth it.

Answer 10

You have certain building codes that the builder should have to follow. To start, he has to have a building permit, you should check you local court house and find the permits office and bring your question to their attention.