Should a builder know that they can obtain permits to build a house before having the existing house removed?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Should a builder know that they can obtain permits to build a house before having the existing house removed?
We had an old run down house that was our primary residence and decided to get a builder to build a new house. Builder came out said yes we’ll build you a house here. We signed the contract and the builder insisted that as soon as we moved out he would get rid of the house so that he could start building. The house has been gone (sold for $1000 just to get rid of it fast) for 3 months and now the builder says he can’t build because the city wants area brought up to code. City says easement must be 30′ paved road and a fire hydrant must be put in. Is this something the builder should eat the cost of?
Asked on January 23, 2011 under Real Estate Law, Texas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
In the first instance of reading this question my gut reaction was "of course the builder should pay for those other fees because you relied on his expertise on knowing the codes that were applicable to your situation in entering in to the contract." But being an attorney I have to say first: read your contract. If the contract states that you are to pay an additional fees associated with this issue - or if it even addresses the issue at all - then you are bound by what you agreed to. Please take the contract to an attorney to review on your behalf. You may be able to use the argument that I indicated above to get out of the contract with the builder but I would take that step as a last resort if things do not look good for you. You may want to get another estimate for building the house now knowing what you know about bringing the property up to code. Good luck to you.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.