We bought a home in 2004. We were told it would take 6-8 months to build, but in the contract it says within reasonable time which was 24 months. so we figured ok about 8 -12 months 15 months tops. Well we checked every weekend for 12months and not even 1 brick was laid. at the time homes were selling 2-3 pr hour. (south Florida) Then the bubble burst. now you cant give your house away. any way we decided after 27months we had enough waiting for the house plus we cant sell ours, so we pulled out of the contract. The builder says we are in breech of contract and wont give us our 17,000 back. so we got a lawyer and he said no problem its black and white 24 months no house they breeched the contract. ..Well 2,000 later after his fees we still have nothing. and it will cost more going back and forth trying to get it. so we want to represent our selves, we have nothing to lose. BUT how do we do that?


Thanks,
Rocky

Fr_Chuck

2000 is farily cheap at this point, expect 5000 or more if you actually have to go to court. Since this is over I beleive your small claims, you will have to file in court. Has your attorney file a law suit yet ?? He needs to file a suit and get into court.

Rockyt

Thats just it I dont want to pay $7000 to get back my $17000. So I want to go to court WITHOUT an attorny. Thats my question. Do I need one? and how do I go with out one?

ScottGem

what has your attorney told you about the delay?

Rockyt

The Attorney says we can go back and forth and each time it will cost money. I'm out 17000 and 2000 to try to get it back. I dont want an attorney anymore. I just want to go to court and represent my self. The contract says 24 months it wasnt ready at 27 months. Why do I even need an attorney?

ScottGem

Because the contractor is going to have attorneys that will nickel and dime you with delaying tactic after delaying tactic. Yes this might seem cut and dried but unfortunately the law isn't alsways cut and dried. Why does the contractor claim you breached? If this was small claims court, then it would be easy, but its not.

You can go to the court clerk and ask what forms you have to submit, but you are behind the 8 ball here. One thing I would make sure of is to read your contract. If its fairly standard, you can sue the contractor for the amount PLUS legal fees. In other words, when you win the contractor pays the $17K plus your attorney fees.

Of course there is another factor here. Even when you do win, you will still have to collect. The contractor is not likely to just hand over a check when the judge rules in your favor.

Another thing just occured to me. Normally, a deposit in this case is placed into an escrow account where the contractor can't touch it until you close. You may be able to petititon the escrow holder to return the deposit. That all should be listed in your contract.