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Started By
Message
question for those of you who have built a house
Posted on 3/14/19 at 8:23 am
Posted on 3/14/19 at 8:23 am
We signed a purchase agreement and paid a down payment mid December. The sales manager verbally told us that we should begin in February and hopefully finish June/July time frame. what we did not know was the company was being bought out by one of the national "chain" home builders. I read our contract and they don't have any dates listed but it states they have pretty much the time frame they choose.
To make a long story short, they have not done schitt. I called to check on the status of permitting and the city said they just received them and they were in the process of reviewing them now. I emailed the sales manager asking what the hold up was and he tried to give me every excuse known to man. I still don't have a start date or finish date and this really screws up getting out of the house i am in now.
what should i do next? i have the area manager's email address, should i contact him? anyone deal with a similar situation? any advice is greatly appreciated.
To make a long story short, they have not done schitt. I called to check on the status of permitting and the city said they just received them and they were in the process of reviewing them now. I emailed the sales manager asking what the hold up was and he tried to give me every excuse known to man. I still don't have a start date or finish date and this really screws up getting out of the house i am in now.
what should i do next? i have the area manager's email address, should i contact him? anyone deal with a similar situation? any advice is greatly appreciated.
7
Posted on 3/14/19 at 8:26 am to bayou choupique
Home and garden board
Posted on 3/14/19 at 8:28 am to bayou choupique
What national chain company bought them out? So I can see how fricked you are or not. Honestly, if you don't have a liquidated damages clause in your contract, there's nothing you can really do on a schedule overrun.
This post was edited on 3/14/19 at 8:29 am
Posted on 3/14/19 at 8:30 am to tenfoe
Posted on 3/14/19 at 8:35 am to bayou choupique
You're basically fricked......when you sign their agreement is is 100% in their favor.
I just recently had a friend who went thru this. He and I were building a house at the same time. His took 1 yr and mine took 6 months.
I just recently had a friend who went thru this. He and I were building a house at the same time. His took 1 yr and mine took 6 months.
Posted on 3/14/19 at 8:39 am to lowhound
quote:
What national chain company bought them out? So I can see how fricked you are or not. Honestly, if you don't have a liquidated damages clause in your contract, there's nothing you can really do on a schedule overrun.
Dan Ryan Builders
Posted on 3/14/19 at 8:39 am to bayou choupique
You need a lawyer to review your contract.
Posted on 3/14/19 at 8:58 am to wickowick
If he's already signed it, it's too late for that. He signed the contractor's contract, it was already tilted in the contractor's favor. The time to make changes is before you sign it. I doubt there's much recourse for the buyer on if the schedule overruns.
Posted on 3/14/19 at 9:03 am to lowhound
While it's true that "the time to make changes is before you sign," an attorney is going to be able to give him a much better idea of options than people making assumptions about the contents of his agreement on a message board.
eta: @OP, if you're to the point that you feel this is going to cause you problems, then contact an attorney and let him review your agreement to explain your options to you.
eta: @OP, if you're to the point that you feel this is going to cause you problems, then contact an attorney and let him review your agreement to explain your options to you.
This post was edited on 3/14/19 at 9:04 am
Posted on 3/14/19 at 9:30 am to lowhound
quote:
If he's already signed it, it's too late for that. He signed the contractor's contract, it was already tilted in the contractor's favor. The time to make changes is before you sign it. I doubt there's much recourse for the buyer on if the schedule overruns.
I built a starter home a number of years ago and had a ton of issues with construction that they refused to fix. I had a lawyer review and I was on the hook for $500, he told me to walk and eat it and that is what I did. This builder probably has better lawyers, but he needs to know his options...
Posted on 3/14/19 at 9:37 am to wickowick
quote:
I built a starter home a number of years ago and had a ton of issues with construction that they refused to fix. I had a lawyer review and I was on the hook for $500, he told me to walk and eat it and that is what I did. This builder probably has better lawyers, but he needs to know his options..
yea we had to put a 3% down payment to start. My friends wife is a closing attorney in Baton Rouge. I'll see if she can look at it for us.
Posted on 3/14/19 at 10:25 am to bayou choupique
quote:
The sales manager verbally told us that we should begin in February and hopefully finish June/July time frame.
quote:
verbally
That's your first problem. Guaranteed he won't remember ever saying that.
quote:
begin in February and hopefully finish June/July
And you believe that crap? You have to either know the builder personally and have photos of him doing something he never wants out or you have to be fattening up his wallet on a daily basis to get a house built in that time frame.
quote:
they have not done schitt
Get used to this.
quote:
I emailed the sales manager asking what the hold up was and he tried to give me every excuse known to man
See previous advice.
quote:
I still don't have a start date or finish date
Neither one would be worth the spit sprayed to tell you.
quote:
what should i do next?
Lube up and bend over further.
quote:
anyone deal with a similar situation?
Probably 98% of the people who build their own home.
Posted on 3/14/19 at 11:13 am to tenfoe
Is there really a home and garden board now?
Posted on 3/14/19 at 1:24 pm to bayou choupique
did you sign a contract with Dan Ryan builders or with another builder?
Posted on 3/14/19 at 3:38 pm to bayou choupique
They have a whole legal team at the ready. You need a lawyer. I’d check with your wife’s friend. If it isn’t her area of expertise, she’ll be your best lead to find someone who is.
Posted on 3/16/19 at 2:44 pm to bayou choupique
First, decide if you want the house or your money back. Second, when that decision is made, find out who the President or CEO of the company that bought the original builder is and send them a letter. Outline what has happened. Be professional and courteous. Tell them that you are asking for executive intervention - key term there - to get the project back on track. Give them a deadline to respond before you have to go see an attorney. Tell them that this is beginning to cause some issues in the family. Tell them that you have lost all confidence in their sales team because you feel like you've been mislead on multiple occasions and you'd like to know who you deal with from now on because you won't deal with Joe Blow (by name). Tell them you expect construction to begin by a certain date and be complete by a certain date in accordance with what you were told.
Again, ask for their help. Send it where they have to sign for it....I think that is either registered or certified or both. If you don't do that and they go total a-hole on you then they deny any verbal conversations. ? here - is the down payment less or greater than what the law allows you to collect in small claims court? That is an option for you if they don't respond or the response is negative. Most CEO's hate hearing this crap and usually pick up the phone and tell somebody to get their arse in gear or find another job in short order. Especially if you are courteous and asking for help. We took - I want to say it was Ryland - to the mat in Atlanta over a friends house that they had forked the EIFS up on. When it got far enough up the chain of command they realized they might have to tear the EIFS off of every house in a 100+ home subdivision they got on the stick. Didn't hurt that totally unrelated while this was going on The Atlanta Journal-Constitution did a series on EIFS deficiencies and I got quoted,
Again, ask for their help. Send it where they have to sign for it....I think that is either registered or certified or both. If you don't do that and they go total a-hole on you then they deny any verbal conversations. ? here - is the down payment less or greater than what the law allows you to collect in small claims court? That is an option for you if they don't respond or the response is negative. Most CEO's hate hearing this crap and usually pick up the phone and tell somebody to get their arse in gear or find another job in short order. Especially if you are courteous and asking for help. We took - I want to say it was Ryland - to the mat in Atlanta over a friends house that they had forked the EIFS up on. When it got far enough up the chain of command they realized they might have to tear the EIFS off of every house in a 100+ home subdivision they got on the stick. Didn't hurt that totally unrelated while this was going on The Atlanta Journal-Constitution did a series on EIFS deficiencies and I got quoted,
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