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Problems with House Before Closing

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  • 06-06-2010, 07:46 PM
    jimgreener
    Problems with House Before Closing
    My question involves real estate located in the State of: New York

    I bought a house last year(new construction) in Fishkill with TollBrothers. The house is now ready and I am almost about to close. I found a few problems with the house especially with the hardwood flooring. There are a lot of gaps between wooden planks both vertically and horizontally.
    I called the project manager there and he basically tells me that there is nothing he can do because he doesn't see it a problem and is asking me to close asap.
    I am ready to close but won't close with the problems in the house.
    I have given them a 30K deposit
    Now my question is , can they force me to close ? What if I don't close with the current condition of the house?
    What are my options.
    Any thoughts will be much appreciated
  • 06-07-2010, 08:03 PM
    Mr. Knowitall
    Re: Problems with House Before Closing
    The first question is whether the problems you found constitute a material breach of contract (something that would allow you to escape the contract), if they're a less serious problem that might form the basis for a reduction of the price, or if the gapping falls within the acceptable range for hardwood installation. Note that wood expands and contracts over the course of a year, and thus gaps can shrink during higher humidity seasons and shrink when the air is drier. You can talk to a hardwood installer about whether the installation falls within the range of acceptable workmanship and, if not, what it would cost to repair the problems.

    I am skeptical that gaps in the wood floor will be sufficient to get you out of the contract.
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