Dear Barry,
I signed a purchase contract for a new home and am scheduled to close next month, when the construction is completed. Three times during this transaction the builders and their salespeople clearly stated that the lawn would be sod, not grass seed. Now that we're nearing the close, they say that this disclosure was a mistake and no sod will be provided. How can they do this? Aren't they boundby their verbal representations as part of our contract? - Thomas
Dear Thomas,
When buying a home from a developer, never let an agreement on any aspect of the project be merely verbal. All unwritten promises are nothing but air. Sad stories abound of developers who made last-minute changes in floor coverings, countertops, cabinets, appliances, roofing, floor plan, etc., leaving frustrated buyers with the shattered remains of unverifiable verbal promises.
These unhappy situations typically occur when buyers of new homes lack professional representation - either a Realtor or a real estate attorney. In too many cases, there is no one to serve as buyers' advocate, to review the purchase documents or to advise buyers of their legal rights. Buyers typically enter the developer's sales office, and from that moment until the closing of the transaction, the builder is in the driver's seat.
For those who buy new homes, professional representation is essential. Otherwise, the developers and their attorneys are free to set the rules, or break them. Before closing the deal, have the contract reviewed by an attorney. And above all, don't finalize the deal without having a thorough inspection by a qualified home inspector.
. Questions of a Do It Yourself nature should be submitted to our "