Home Warranties and Inspections - My Builder will not let us have a walk-through with my own inspector
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wchrista
08-16-07, 10:02 PM
I signed a contract with DR Horton to buy a house. The house is almost done.They have scheduled an orientation for me and want to force me to close the transaction three days later. They said that the orientation is not an inspection, and I do not have any right on choosing the closing date. They will just show me how to use the appliances. They also made clear that the orientation is only restricted to people who signed the contract. My inspector is not allowed to attend the orientation. I feel defenseless with respect to possible building defects. Do I have any rights here?
mattison
08-17-07, 04:09 AM
How's it written in your contract ?
Do a Google search on Dr.Horton and check out the 1st on that shows up.
Do a Google search on Dr.Horton and check out the 1st on that shows up.
DavePearson
08-17-07, 08:01 AM
Looking at the Better Business Bureau information on D. R. Horton, it appears as though some local builders are scammers, and others actually care about customers. I found several unsatisfactory ratings on them (and several satisfactory also).
It does sound like they cover all bases in contracts, giving the buyer little recourse after the fact. I assume you have an attorney for the closing (your own, not theirs), see what they suggest.
I know people who build around often withhold cash at closing until all punchlist items are completed. If you do not have an inspector look at it, it would be hard to put together a full list. I would suggest to your attorney witholding a large sum of cash (unless there are words specifically against it in the contract) until an inspector of your choice looks over the house and all items are completed.
I would say if they are restricting your "right" to have a qualified inspector look at the home prior to closing, even if it is in the contract, you have options (your lawyer will tell you what). The important thing is to take care of it BEFORE you close, not after (they appear to have a bad track record after closing).
Nothing I say is to be considered legal advice in any way shape or form. Verify everything with YOUR (not their) attorney. I know of one individual, who had a real issue with their builder (just getting them to show up and work on the house was an issue). In the end, the closing was put off twice because issues were found (minor, but because there was no trust in the builder) and needed to be fixed before closing (the builder swore up and down they would be fixed after closing, but they had lost the trust of the buyer).
Bottom line, discuss options with your closing attorney. It may cost a little up front, but it sure beats costing a whole lot on the back side of the deal.
It does sound like they cover all bases in contracts, giving the buyer little recourse after the fact. I assume you have an attorney for the closing (your own, not theirs), see what they suggest.
I know people who build around often withhold cash at closing until all punchlist items are completed. If you do not have an inspector look at it, it would be hard to put together a full list. I would suggest to your attorney witholding a large sum of cash (unless there are words specifically against it in the contract) until an inspector of your choice looks over the house and all items are completed.
I would say if they are restricting your "right" to have a qualified inspector look at the home prior to closing, even if it is in the contract, you have options (your lawyer will tell you what). The important thing is to take care of it BEFORE you close, not after (they appear to have a bad track record after closing).
Nothing I say is to be considered legal advice in any way shape or form. Verify everything with YOUR (not their) attorney. I know of one individual, who had a real issue with their builder (just getting them to show up and work on the house was an issue). In the end, the closing was put off twice because issues were found (minor, but because there was no trust in the builder) and needed to be fixed before closing (the builder swore up and down they would be fixed after closing, but they had lost the trust of the buyer).
Bottom line, discuss options with your closing attorney. It may cost a little up front, but it sure beats costing a whole lot on the back side of the deal.
michaelshortt
08-17-07, 08:24 AM
wchrista, you stated the builder would not allow your inspector at the walkthru. Did you ask him if you could bring the inspector through before the walkthu?
Jack the Contractor
08-18-07, 02:37 PM
Before you get yourself all upset, you must know what is really happening here. This is not an orientation as you state, or as they state. This is what is called a buyers walk thru. It is done on every new home that is purchased and then built. I have done well over 1000 of them. They will show you the house, electrical, plumbing, carpets, appliances, etc. Only the people who signed the earnest money agreement or build order are allowed to go on a walk through. You must remember, that this is not your house until you buy it. You buy it when you sign papers, and pay the builder. In some states even then it is not yours until it is filed with the county. Now, after the sale is final you can bring in anyone you like. Can they move up the closing ? Yes they can. Remember it is their home and they are the seller. They can close anytime they want. Can you close anytime ? No you cannot. You cannot sign until your lender is ready for you to sign. In many cases several days my go by from one party signing and the other one signing. That is just how it is. But, things will be ok. Your just nervous about moving into your new house. Good Luck with your new home.
whoisx3ro
09-26-07, 02:22 PM
Before you get yourself all upset, you must know what is really happening here. This is not an orientation as you state, or as they state. This is what is called a buyers walk thru. . .
This person has every right to be nervous. As fast as houses are sprouting up nowadays, I would require an inspector visit..
I had a brother who did residential plumbing for new homes, and he had plenty of stories of shoddy plumbing and shady inspectors being paid off to OK that plumbing. Cause him to quit the business and go on to commercial plumbing for a reputable contractor...
I wouldn't doubt the said can be said for all trades that require inspections on a new house...
It's a sad fact, really.
This person has every right to be nervous. As fast as houses are sprouting up nowadays, I would require an inspector visit..
I had a brother who did residential plumbing for new homes, and he had plenty of stories of shoddy plumbing and shady inspectors being paid off to OK that plumbing. Cause him to quit the business and go on to commercial plumbing for a reputable contractor...
I wouldn't doubt the said can be said for all trades that require inspections on a new house...
It's a sad fact, really.