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My home builders threaten to terminate the contract if I dont overpay them by $1,200. Do I fight this now, or wait till closing?
Anonymous2 views3 answers
I'm having a house built and paid extra for the oversized lot. The builders only wanted to put the fence halfway through this extra lot, instead of around the whole yard to maximize the yard. They finally agreed to extend it and told my broker it would cost $1080 for 95', but when they sent the addendum 2 days later, it said $1900 on it. When we called them out on it, they said that if we dont sign it, they are willing to refund us the earnest fee. They gave us a site plan clearly showing that they didnt charge us the difference in fencing, but for the whole fence (the difference in the total length is 28', not 95'.) Ive already signed the document out of fear of losing the house. Do I present them the proof, or wait till closing and then sue them the difference of 1200?
I think you are best served trying to work something out, and do so now. A lawsuit, even in small claims court, for $1,200 may be worth more trouble then it is worth.
Andrew David ShaferCommercial Real Estate AttorneySeattle, WA ·
I agree with the first response. You're paying hundreds of thousands of dollars for a home and you're torqued over $1200? I'd be more focused on the quality of construction and whether subs are being paid than worrying about the fence. By the way, when you close you will want lien releases as part if the closing because subs have 90 days from their date of completion to lien the project. You can protect yourself against unrecorded liens by paying to upgrade your title policy to a purchaser's policy with extended coverage endorsements.
Enjoy your new home
If you have signed the addendum, you are bound to it, and so are they. You were not misled or placed under duress. You signed willingly, knowing the consequences. The law will hold you to it. You can still try to work something out with them before closing by presenting them the proof and asking for a new addendum reducing the price. They might not go for it, but it's worth a try.
