Legal Question in Real Estate Law in Virginia

late delivery of home

We contracted to purchase a home from a builder. In the contract it states the home would be finished in 155 days from the date of signing contract. It looks now like it will be finished much later. The builder says we have no recourse and it will be delayed, but cannot give us a completion date now. It is going to cost us a lot of additional money to rent another place to live. Also, our furniture is in storage, so another expense due the late delivery. We asked the builder many times, if delivery would be on schedule and he always said it would be sooner. On the contract it states 155 days from date of contract signing and nothing else after that sentence. Do we have any recourse at all? What could happen if we asked for a release from the contract? Can we be sued?

Asked on 8/01/01, 12:22 pm

1 Answer from Attorneys

Glenn R. Tankersley Regency Legal Clinic

Re: late delivery of home

All disputes over contracts are pretty much governed by the specific language in the contract, with the exception of any provisions in the contract that are contrary to state or federal law.

You need to get yourself and your contract to an attorney who specializes in real estate law and does a lot of real estate closings. And the sooner the better.

In answer to your query about whether you can be sued:

My philosophical view on that is that, if you've got the clerk's filing fee, you can sue anybody for anything but it's getting a little money out of them that's the real trick.

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Answered on 8/01/01, 5:32 pm

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