The builder has delayed the escrow closing by over 2 weeks. Can the buyer get any compensation/day for this?

Asked by Syrus, San Ramon, CA Wed May 12, 2010

The builder has delayed the escrow closing by over 2 weeks. Can the buyer get any compensation/day for this?

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6
Steve Atkins…, Agent, San Francisco, CA
Wed May 12, 2010
New home builder contracts are NOT regular CAR (California Association of Realtor) contracts. They are written by Attorneys hired by the Builder to protect the Builder. A delay in construction is unfortunate but common and there is generally no recourse. My wife and I have sold over 2,000 homes for half a dozen National Builders and never known a successful claim against the builder for a delay in construction. Any 'compensation' would be at the discretion of the VP of Sales. Sometimes, for good PR, a builder might offer something to ease your pain. Start with a call to the corporate office.
1 vote
Steve Atkins…, Agent, San Francisco, CA
Fri Jul 9, 2010
New home builder contracts are NOT regular CAR (California Association of Realtor) contracts. They are written by Attorneys hired by the Builder to protect the Builder. A delay in construction is unfortunate but common and there is no generally recourse. My wife and I have sold over 2,000 homes for half a dozen National Builders and never known a successful claim against the builder for a delay in construction. Any 'compensation' would be at the discretion of the VP of Sales. Sometimes, for good PR, a builder might offer something to ease your pain. Start with a call to the corporate office.
0 votes
Steve Atkins…, Agent, San Francisco, CA
Thu Jul 8, 2010
New home builder contracts are NOT regular CAR (California Association of Realtor) contracts. They are written by Attorneys hired by the Builder to protect the Builder. A delay in construction is unfortunate but common and there is no generally recourse. My wife and I have sold over 2,000 homes for half a dozen National Builders and never known a successful claim against the builder for a delay in construction. Any 'compensation' would be at the discretion of the VP of Sales. Sometimes, for good PR, a builder might offer something to ease your pain. Start with a call to the corporate office.
0 votes
Steve Atkins…, Agent, San Francisco, CA
Thu Jun 3, 2010
New home builder contracts are NOT regular CAR (California Association of Realtor) contracts. They are written by Attorneys hired by the Builder to protect the Builder. A delay in construction is unfortunate but common and there is no generally recourse. My wife and I have sold over 2,000 homes for half a dozen National Builders and never known a successful claim against the builder for a delay in construction. Any 'compensation' would be at the discretion of the VP of Sales. Sometimes, for good PR, a builder might offer something to ease your pain. Start with a call to the corporate office.
0 votes
Dave Sutton, Agent, Portland, OR
Wed May 12, 2010
First you need to decide what, if any, damages you have suffered. If it's just "We didn't get to move when we were promised", you may not have much of a case. It it's "I lost $1,000 to reschedule the mover, $4,000 in lost wages because I couldn't start my new position until we moved," and the like, that can be a different story.

One other consideration is what kind of relationship you want to have with the builder after you do move in. Every new home has some defects or something unfinished. Being on good terms with the builder makes it much easier to get those things taken care of. Is it worth losing that relationship over the delay in COE?
0 votes
David Wimmer, , Edina, MN
Wed May 12, 2010
You may have grounds for cancelation of contract (Purchase agreement)
Everything is negotiable in real estate. If you are comfortable canceling your purchase as a final recourse you can demand compensation for the delay. It is risky but possible. I recommend getting legal advice from a licensed attorney before you proceed.
Good Luck!
Web Reference:  http://prairielakehomes.com
0 votes
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