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#1
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Possibly Signing New-Home Contract Next Week, Seeking Advice
Hi,
Next week I'll begin negotiations with a builder regarding a home that has been framed in and is nearing the bricking stage. It will be the first home I've purchased (although I've bought, and own outright, a Condominium). I have a few basic questions. First, note that the builder has a good reputation: He's built two homes in the neighborhood already, and a third with his Father-in-Law, and the owners are very happy with his work. Furthermore, folks that live in adjacent homes have watched him build, and they have been pleased with what they've seen. 1. Are there any forums, web-based or Usenet, that are very active and are designed for those that are building homes? 2. I need to study-up on contracts (if we succesfully negotiate I will sign a contract and give him earnest money), most especially contracts that are signed in mid-construction, when quite a bit is left to do. Generally speaking, how detailed should the contract as regards what the builder is obligated to do with the remainder of the construction? In other words, should it contain details like soffet lights, types of doors, number of electrical outlets, countertop materials, etc, or should it address those issues in broad terms? One of the things I'm most concerned with is the quality of the HVAC unit, Water Heater, and Appliances. Many thanks, -- hfk MS Messenger ID: |
#2
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frank wrote:
are signed in mid-construction, when quite a bit is left to do. Generally speaking, how detailed should the contract as regards what the builder is obligated to do with the remainder of the construction? In other words, should it contain details like soffet lights, types of doors, number of electrical outlets, countertop materials, etc, or should it address those issues in broad terms? One of the things I'm most concerned with is the quality of the HVAC unit, Water Heater, and Appliances. Things like number of electrical outlets have some minmum standards set by code, but it would be wise to put down in writing anything you want above and beyond the minimums. Basically, anything you really want to be sure you get, upgraded appliances for example, you want to have in writing as a rider on the contract. If you specify a particular model of refrigerator and it is not readily available, the contractor will know that this is important to you and talk to you about an appropriate substitute. If you don't specify it, he would probably just go to another supplier without a word. I would not go so far as to specify how far off the floor the outlets are placed unless you have a good and specific reason to do so. There are standard placements for that, but if you have some special situation where you need an outlet at eye level in the living room, then certainly specify that one case. I hope what I'm saying makes sense, and good luck. Bill Ranck Blacksburg, Va. |
#3
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frank wrote in message . ..
2. I need to study-up on contracts (if we succesfully negotiate I will sign a contract and give him earnest money), most especially contracts that are signed in mid-construction, when quite a bit is left to do. Generally speaking, how detailed should the contract as regards what the builder is obligated to do with the remainder of the construction? In other words, should it contain details like soffet lights, types of doors, number of electrical outlets, countertop materials, etc, or should it address those issues in broad terms? One of the things I'm most concerned with is the quality of the HVAC unit, Water Heater, and Appliances. When we sat down to sign our contract, the builder had already specced out the appliances and finishes, and had a notebook for us to look at showing the basic models, and what we could upgrade to. You might do some shopping on your own to see what appliances you like, for example, and find out what it would take for your builder to provide them. These items were not part of the physical "contract" itself, but the contract said the house would be built according to the specs we agreed to, and the specs themselves (for appliances, finishes, upgrades) were all signed by us and the builder. One other thing to consider is what happens if deadlines are missed. I recently read about a couple in an area where housing prices are skyrocketing (somewhere in California, as you can imagine) who found that when they were unable to close on the scheduled date (due to problems with the lender), their original contract was null and void. Their options were to get their deposits back and start over, or sign a new contract to buy the house at its new price ($50K more than the original contract). Conversely, a FOAF contracted to have a structure built and did not include a deadline to have the building finished. Stupid, I know, but sometimes one can overlook the big things when concentrating on the details. |
#4
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"frank" wrote in message ... Hi, Next week I'll begin negotiations with a builder regarding a home that has been framed in and is nearing the bricking stage. It will be the first home I've purchased (although I've bought, and own outright, a Condominium). I have a few basic questions. First, note that the builder has a good reputation: He's built two homes in the neighborhood already, and a third with his Father-in-Law, and the owners are very happy with his work. Furthermore, folks that live in adjacent homes have watched him build, and they have been pleased with what they've seen. 1. Are there any forums, web-based or Usenet, that are very active and are designed for those that are building homes? 2. I need to study-up on contracts (if we succesfully negotiate I will sign a contract and give him earnest money), most especially contracts that are signed in mid-construction, when quite a bit is left to do. Generally speaking, how detailed should the contract as regards what the builder is obligated to do with the remainder of the construction? In other words, should it contain details like soffet lights, types of doors, number of electrical outlets, countertop materials, etc, or should it address those issues in broad terms? One of the things I'm most concerned with is the quality of the HVAC unit, Water Heater, and Appliances. it depends upon how involved you want to be, and if you want special things, like where or how many plugs in which wall at what locations, where switches are to be, where the pot lights in the ceiling are, choices of colors as well as types of counters, etc. a builder may or may not want to be that bothered if they're building a spec, but on the other hand, if he makes you happier, his spec may pay off in a quick sale. most probably he'll give you an allowance for certain items, and if you want more or special things, then you'll have to pay extra. you need a lawyer to draw up a contract. you can be sure he'll have one. Many thanks, -- hfk MS Messenger ID: |
#5
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I would also add that to rely on codes to be definitive would be a mistake.
I know of owners in Texas who built in communities using codes, but the inspectors didn't inspect or "overlooked" discrepancies. If your contract includes a requirement for "binding arbitration" demand that it be stricken or find another builder. I personally know of more than one individual who had code violations on their home, filed for arbitration and the arbitrator said it wasn't "necessary" to bring the home to code compliance. Some of the "home warranty" companies even have a clause in their contract that specifically exempts them from repairing defect to meet codes. Yet the owner when they sell will have to disclose it if they are to be honest in the listing. Gary |
#6
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On Fri, 15 Oct 2004 11:36:13 -0500, someone wrote:
.... If your contract includes a requirement for "binding arbitration" demand that it be stricken or find another builder. If the builder is busy and it is a seller's market, the chances of SUCCESSFULLY imposing such a "demand" are low. It will do them no net good to scrape up a builder that will take such a contract, if the only ones who don't are shoddy fly by night builders. Sounds like you had an unsuccessful result in arbitration. But that still doesn't make that one consideration controlling to most other people. -v. |
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