YOUR BUSINESS AUTHORITY
Springfield, MO
Dear B.A.: What you are talking about here is contractual liability. The company that sold you this has guaranteed you one thing, but they either deliberately or accidentally dropped the ball. You want to get out of the camper, and I surely understand that, and you want them to pay. You may have to sacrifice the second for the time being to get the first one accomplished. If you want to get that building built, the likelihood is you will have to go with the people who can correct the problem since your vendor did not. But you should also contact an attorney to keep track of all of the additional expenses, to notify the vendor that this is an ongoing matter and to eventually bring an action against them to try and recover. Whether you will be able to recover is another matter. That will depend in some measure on the contracts that existed between you and them. People should always keep in mind that, unless they are very familiar with building, they should use a general contractor who is intimately familiar with the laws in the area where a building is being built. Not only can they generally get things done more expeditiously but also, because they are a repeat purchaser, they can frequently cover the cost to you for their services by the efficiencies and discounts that they can get from their suppliers.
Dear Bruce: My parents are preparing to retire and move to a state where they have never lived or worked. They are planning on building a house as an absentee owner and saving money by partnering with a builder and forgoing an attorney. I know a little bit about construction and business, and this just seems like a risky proposition to me. However, regardless of my experience, being their child somehow discounts this experience. – B.N., via e-mail
Dear B.N.: Your parents find it difficult to accept that their youngster knows something about a given area that they do not. The fact that they are buying in a state where they have never lived or worked underscores the fact that they are making a major mistake. Then partnering with a builder borders on industrial-strength stupidity, and then not using an attorney underscores that stupidity. I would hope that you could talk to your parents and explain to them that they first should investigate the area and live there for four to six months before they even consider buying a house. Secondly, they would be far better advised to buy an existing home rather than building a home, and if they insist on building, partnering with a builder and then not using an attorney just courts disaster. Good luck!
Dear Bruce: I have owned a home for the last 30 years, and it appears that the property is worth more than the dwelling. I would like to reduce the home’s square footage, modernize it and take advantage of some heating and cooling innovations. Is there any reason why I could not get a mortgage or a home improvement loan to handle this? – Reader in Pennsylvania
Dear Reader: I don’t see any problem with this. Home modernization and home improvement loans are very common vehicles. Everything that you mentioned other than the downsizing of the square footage is pretty routine.
Bruce Williams is a national radio talk show host and syndicated columnist.
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