Leave out the part about taking care of it yourself. It won’t help your argument. And push for all your money back. I have seen them to that.
With what you’re describing I’d get a full refund and not move in at all.
/johnny
This is a gated community and someone is shooting at your house? Could it be someone shooting INTO the community at your house? Someone has to know. A neighbor would have to know. Are the neighbors’ houses getting shot up? It would be kind of suspicious if they weren’t.
Is it near a bad neighborhood? Seems odd for a gated community to have these problems.
Is the whole gated community under construction, so that it’s not yet fenced off?
Sorry, not familiar with the area, but maybe it’s not as upscale as you thought?
Maybe before getting a lawyer, spell all of this out when you meet with the builder. The vandalism damage could hurt the structural integrity of the house. Perhaps it would be good to tell them that obviously some round the clock security is needed at the construction site.
If you are closer than you thought to gang territory/bad areas, you might want to re-think living there, even if it appears to be a nice gated community.
Definitely consult a lawyer to learn your legal options here.
Good luck.
There is nothing in your contract that would allow you to walk without loosing your deposit and possibly being sued for damages by the builder. The builder didn’t do anything wrong as far as I can tell from your description.
Let your real estate agent handle it first. My wife’s a Realtor, and I know for a fact she would make the builder’s life a living hell until this problem was sorted out. Remember, the agent and builder do not get paid until you close, and you hold the check.....
You didn’t mention the cops. What do they have to say about it? Frankly, it sounds like some of your new neighbor’s kids. The part where you say your neighbor’s homes are three times the size of yours raises my eyebrows. Maybe some snobby neighbor doesn’t want any “little” houses in “his” gated community.
Could this have anything to do with racism?
Why would you hire a “filthy” lawyer? I wouldn’t work with anyone who was unethical. Meanwhile, I think another person made a good point about the culprit. It sounds to me more like teenage “gangsta wannabes.”
Not sure where your home is in relation to urban areas but if your house is getting shot up now, I can’t imagine moving into it with the foreknowledge. Also, what about other homes in the neighborhood? Like others on here said, don’t they see or hear anything?
Something isn’t ringing true here.
“It is near schools (about 1/3 of a mile walking), several modes of public transpo”
No wonder you have vandalism problems. There may not be a good solution.
“and crumbles of bullet fragments in the house”
Detroit?
There might be some kind of gang in that area. If the gang is dealt with, great. Then another might come? But it’s near a school too.
“we will walk and we will make every effort to get our money back.”
Maybe you should talk to a lawyer. This is going to get ugly no matter how it ends. Contractors will want their money, period.
If you move in there, you are going to be miserable. You might have to rent it out to some desperate souls, and that can lead to further erosion of your property. Or, you might let a tough guy move there for free for a few months to get your home a reputation of being no pushover.
The bullet holes worry me. If they are coming from one direction, I'd consider building a brick wall from that direction. If they seem to be from all over, I wouldn't move there.
You could also hire someone to watch the property for a couple of weeks who will observe what goes on around the house before closing the deal.
IMO, there's a lot of directions you could take this if you really love the house and am willing to put up with what has happened so far. Otherwise, it sounds like better to back out and start over. Mi dos pesos.
a very quiet gated community filled with homes that are about three times the size of ours
If there are a lot of homes nearby and you are finding lots of bullet holes then someone is hearing/seeing the shots. Someone maybe trying to make a statement to you about what they perceive you are building in relationship to the size of their properties. A visit to the local police authority about the bullet holes and a lawyer to tell you what your options maybe regarding the contract maybe in order.
Vandalizing new contruction isn’t unheard of but usually appears as theft of items during the construction stage.
Welcome to Israel!
Do you know of any motive for the vandalism? This might help you out. Another is, has the vandalism compromised the structural integrity of the home.
I believe I was about to locate the answer to your question, but then lost interest and decided that the real answers are probably `yes,’ `yes’ and `yes.’
§ Change in circumstances.
If information disclosed in accordance with this chapter is subsequently rendered or discovered to be inaccurate as a result of any act, occurrence, information received, circumstance or agreement subsequent to the delivery of the required disclosures, the inaccuracy resulting therefrom does not constitute a violation of this chapter. However, at or before settlement, the owner shall be required
Are you buying a lot with a new house or do you own the lot and having the house built by a contractor?
If you are buying a lot/house package, the builder is under obligation to provide you with a turn-key product in new condition.
The issues about neighbors being vandals is your problem.
If the builder fixes he house problems you are under contract to buy it.
You have to describe on what sides of the house the bullet holes are on. What Caliber, etc. If they are on the rear, look to whichever adjoining non-subdivision neighbor you have. If they are on the sides, write a letter the the Home Owner’s Association and buy a couple of fake cameras to mount in the eaves of the second story looking at both sides. Finally, if it’s the rear, post a big 4X8 shoot of plywood that has the words “I shoot back when I move in”
The builder has to repair the damage before your construction loan can be converted into a permanent loan. In the meantime, from the holes, figure out roughly where the shots are coming from. Set out several well camoflauged trail cameras.
Back out quickly!
Mucho bad karma there.