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Bargain or ripoff? House price depends on location, condition

Real Estate Matters

November 09, 2008|By ILYCE GLINK , thinkglink.com

I understand that buying a house can seem like a scary amount of responsibility. But you already purchased this house. You generally can't return a house as you might return a product purchased at a store. You might be experiencing a good dose of buyer's remorse brought on by the builder's bad behavior.

Are you having major problems with the home? Or were you looking for your builder to perform an inspection of the home and hoping it would fix the issues that came up during the inspection?

If you're not experiencing problems with the house, you could spend some money and find a good residential real estate inspector to go through and see whether anything comes up, particularly if you don't have a clue about the ins and outs of living in a new home.

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Just keep in mind that you'll pay the inspector a fee to go through the house. You will still have to pay someone to fix any items that might come up during that inspection if you determine that your builder is not coming back.

Please talk with a good real estate attorney who has experience with new construction contracts. You'll want to review what was promised to you in terms of the warranty. Then, have your attorney contact the builder to see what's going on.

What you may find in the current economic climate is that the builder is bankrupt, has gone under or is slowly going under. If the builder goes out of business, your warranties from the builder will likely be worthless.

However, there could be underlying warranties from the materials manufacturers that might protect you somewhat.

These manufacturer's warranties might include windows, heating and cooling systems, plumbing fixtures, roofing materials and some other components installed in the home.

You have to face the fact that the builder may be unable to provide the warranty you were promised. If that's the case, you own the house and will have to step up and make the necessary repairs to keep it in good shape.

It's only in extreme cases that a buyer has the right to rescind the purchase of a house. These extreme cases may involve fraud on the seller's part. Your attorney can counsel you further.

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