We signed an Offer to Purchase and Contract on a new construction home in Aug.07. Since we moved in we have had nothing but problems, including a bad GFI which causes us to run our refrigerator on a drop cord from one side of the house to the other,which is a fire hazard, several outlets and lights do not work that are on that switch, leaks in the roof and stains and peeling texture on the ceiling. In fact, the entire roof is in extreme disrepair. I just found another leak in my daughter's closet. We have been in constant contact with the owner who makes excuses every month. We got our own estimates but he insists he will send his own crew. We also found out that the house is not new but it is a refurbished modular. I have all the permits for the home and it is not even the same house as the one in the permits and the file, which the local building inspector mailed to me. I feel like these are unliveable conditions, as well as a breach of contract, in which it states that all systems including electrical, a/c and heat, plumbing, roofing, etc will all be in working order with no need of immediate repair. There are several other things but these are the main issues. We put down $2000 as a deposit, and are considering legal action. I am looking for any advice on this matter.

Hello c:

It appears that he is in breach. You're going to need to sue him in small claims court. But, you're going to have to move first.

excon

Since it was an owner finance, would we be entitled to any of the money we paid as far as house payments? The contract is for owner financing not rent to own, so would that make a difference?

Hello again,

The devil is in the details of your contract. I don't know what it says, and I don't know how long you've been there and I don't know how much you paid.

But, if your payments equated to what you would have paid in rent, the judge isn't going to give it back to you. You can't live for free in somebody's house.

excon