My mother purchased a house in August of 2008, ever since, its been a constant battle with the builder to get anything done, and for them to comply with all the terms of our contract.
We got them to take care of almost everything, but we are down to two things.
1) The original plan was to purchase the house in Jan 09, but they pushed us to buy right away (of course). One of the terms of buying early was for them to pay the property taxes for the time we purchased the home till when we originally planned to purchase the home (from Aug08-Jan09).
We purchased the house directly from the builder, and the agent for the company gave us in writing, on company letterhead that they would pay the taxes. Now the agent doesn't work for the builder, and the builder refuses to honor the contract. Their lawyer (or at least someone who says they are their lawyer) is telling us this is between us and their ex-agent, yet at the time, the agent was representing the builder. As I said, I have it in writing, faxed from the companies office on company letterhead, and emailed from the agent, using a company email address.
We actually got a letter from the county two months ago complaining that we haven't paid our property taxes. It turns out the county was sending the letters to the builder about paying the taxes, and they never informed us (the builder denies they ever received these letters). Luckily when the county contacted us they understood the situation, and removed all the late fees and penalties, but we still had to pay them in full.
2) Because of the economic downturn, they stopped building houses in the development. Directly next to us is a lot that has overgrown with weeds, about 5-6 feet in height. Besides being a eyesore (every time we look out the window, or go in the back yard), its bringing a ton of bugs and animals. We've had to hire an exterminator because of the amount of bugs we are finding (inside our house, and on our terrace). This property is within feet of our house, with nothing separating us.
We have asked them multiple times to send someone out to cut it, and it's gotten us no where. We have also contacted our HOA, and they tell us they will do what they can, but its up to the builder to clear it. Isn't this what I pay a HOA for?
I was wondering what (if any) legal choices we have? I'm sure we have a better case with item #1 then with #2, but I was thinking lumping them together might give us a better case. I know other people on our block are having the same issues with the builder, and they keep talking about wanting to talk to a lawyer with us, but thus far have been very unreliable.
Are we better off taking this to small claims court ourselves, or getting a lawyer? Am I right in thinking that on item #1, the agent was acting as a representative of the company, and the company MUST honor the contract? Do we have any legal grounds on item #2? Could it be considered a health issue, or am I just stuck living next to these weeds?
We got them to take care of almost everything, but we are down to two things.
1) The original plan was to purchase the house in Jan 09, but they pushed us to buy right away (of course). One of the terms of buying early was for them to pay the property taxes for the time we purchased the home till when we originally planned to purchase the home (from Aug08-Jan09).
We purchased the house directly from the builder, and the agent for the company gave us in writing, on company letterhead that they would pay the taxes. Now the agent doesn't work for the builder, and the builder refuses to honor the contract. Their lawyer (or at least someone who says they are their lawyer) is telling us this is between us and their ex-agent, yet at the time, the agent was representing the builder. As I said, I have it in writing, faxed from the companies office on company letterhead, and emailed from the agent, using a company email address.
We actually got a letter from the county two months ago complaining that we haven't paid our property taxes. It turns out the county was sending the letters to the builder about paying the taxes, and they never informed us (the builder denies they ever received these letters). Luckily when the county contacted us they understood the situation, and removed all the late fees and penalties, but we still had to pay them in full.
2) Because of the economic downturn, they stopped building houses in the development. Directly next to us is a lot that has overgrown with weeds, about 5-6 feet in height. Besides being a eyesore (every time we look out the window, or go in the back yard), its bringing a ton of bugs and animals. We've had to hire an exterminator because of the amount of bugs we are finding (inside our house, and on our terrace). This property is within feet of our house, with nothing separating us.
We have asked them multiple times to send someone out to cut it, and it's gotten us no where. We have also contacted our HOA, and they tell us they will do what they can, but its up to the builder to clear it. Isn't this what I pay a HOA for?
I was wondering what (if any) legal choices we have? I'm sure we have a better case with item #1 then with #2, but I was thinking lumping them together might give us a better case. I know other people on our block are having the same issues with the builder, and they keep talking about wanting to talk to a lawyer with us, but thus far have been very unreliable.
Are we better off taking this to small claims court ourselves, or getting a lawyer? Am I right in thinking that on item #1, the agent was acting as a representative of the company, and the company MUST honor the contract? Do we have any legal grounds on item #2? Could it be considered a health issue, or am I just stuck living next to these weeds?
Generally, I would say yes, it IS what you pay the HOA for. It is up to the builder to clear it, and it is up to the HOA to ensure that they do or failing that, to hire someone in to do it and bill the builder for the cost. 