We bought a house for 435,000 and closed on April 1 2013 there many things wrong with the house he had 60 days to fix it nothing

Asked 10 months ago - 10307

Has been done. We have no ac a drain in the back that goes nowhere. No drainage in the back. He sends an air conditioner guy whose been giving us the run around for the past month. They gave him a c/ o n I don't know how. My name is David Cruz 16 swinnerton st. Staten Island ny 10307. We want to take this guy to court. He knew what he was selling us

Attorney answers (4)

  1. Matthew Scott Kam Tannenbaum

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    Answered . Mr. Lutsky gives good advice. There should have been an agreement at closing that the Sellers attorney would hold back a certain amount of the Sellers money ( we use the term of art "escrow") this money will not be released until the Seller completes all the repair items he promised either in the contract or at the closing. It is important to realize however that if the escrow amount is not substantial some sellers wil l just walk away. That is why it is important to have negotiated an escrow amount that will "hurt" the Seller if he does not perform as promised. Also it sounds as if you may have bought "new construction". In NYS all builders of newly constructed homes must give to the purchaser a builders implied warranty. This warranty covers numerous items and is too voluminous to cover in this forum. Contact your attorney ask him about any warranties and have him reach out to Sellers attorney. Good luck.

    When responding to questions posted on Avvo, I provide a general purpose response based on NY law as I am licensed... more
  2. Peter J Weinman

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    Answered . I am not sure I agree completely with the previous answers. The Richmond County Clerk's website is down as I write this, so i cannot pull up your deed, but I will guess this is new construction since your c/o was just issued in Feb. That being the case, chances are good there's no escrow for anything. more likely, the punchlist items were to be completed, weather-permitting, with a reasonable time.

    There is probably a very specific way you need to make your claims before (assuming the builder continues to ignore) you can bring an action and if you get it wrong, you can lose rights.

    Retain counsel right away and let that person review everything and guide you accordingly.

    (1) I may be guessing. Do not act or rely upon this info; (2) We have not established an attorney-client... more
  3. Jayson Lutzky

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    Answered . Contact your real estate lawyer to see if there is an escrow to guarantee repairs after the closing.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate... more
  4. Vincent J. Gallo

    Contributor Level 14

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    Answered . Why on Earth did you close if there were all of these things still wrong with the house?

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