I purchased a new home from this builder in December of within the sales contract and it was to include these written special agreements in the total purchase price. During the walk through 5-days before closing, the builder stated that there wasn't enough time to complete the water and electric before closing and that he would take care of it. There were also no issues with the foundation or basement floor at that time.
The special agreements were:
23. Special agreements. (Lines 366,367, 368,369, 370,371)
Special agreements between Buyer and Seller forming a part of this contract:
Seller to acquire permit for road access for second driveway. Seller to install second driveway approx 10 ft wide, 250 ft deep, 3 culverts, electric and water run to the end of the 2nd driveway - approx. 70 ft X 70 ft cleared at end of drive.
This builder did not purchase or install a third culvert that was required by the County to complete the second driveway. The required permit, culverts, rock & labor were paid for by me to complete the second driveway after the builders refusal to do so.
I currently also have an empty gray plastic conduit line that is sticking up next to the foundation of my home with a pull rope hanging out and the other end in a left open ditch near the end of the second driveway. There is also a black plastic line sticking out of the foundation wall in the basement and coiled within the open ditch near the end of the second driveway. Neither of these are connected to anything on either end hardly resembling "electric and water run to the end of the second driveway"
After exhausting all attempts in seeking resolve directly with the builder, the BBB and the Attorney General approach...
I had spoke with three separate attorneys in regards to my situation and they all wanted up to a $4000.00 retainer, and if that money ran out they would want more. I can purchase all of the materials necessary to complete the work that was not finished by the contractor for that amount and at least be assured that I am not out any more money than I already am.
I do believe that the contractors lawyer has probably informed him of this, and that is why he has just blown me off, as well as accepting the fact of getting his BBB membership revoked in the process. He probably also knows that the Attorney General's Office by law, is unable to act as my sole attorney to do anything to him either even though they have agreed with me that he is in the wrong unless they receive multiple complaints against him.
I had to way out the pros and cons of the cost of pursuing it even in small claims court, even a court win in itself does not guarantee that restitution will be made by the contractor without having to seek Judgment against him in yet another court filing and appearance if they fail to pay. Most contractors are at least a LLC and have all of the company's assets protected in some shape or form which makes collecting on a Judgment against them very difficult to say the least, if not entirely impossible.
And to top it all off, on the day of closing... The builder was not present and was being represented by his exclusive sales agent who claimed to have known nothing about the following; After all of the closing paperwork had been signed, the builder shows up with the keys and garage door openers for my new home and says "Oh, by the way, there is a crack in the foundation that leaked water in the last rain but I have put epoxy in it and it shouldn't give you any problems." yet the Disclosure he signed stated that there was not any problems with the foundation and any changes to the condition of the home were to be made immediately. He FAILED to do this until after the fact and then only did so verbally.
If you are currently in or thinking of entering into contract with this company, make sure that all of the work agreed to and in writing is completed before releasing full payment.
If you or someone that you know has also been taken advantage of by this company, please advise them to contact the Missouri Attorney General Office and file a formal complaint against them... I did!
Thank You!
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