I'm representing a couple as Buyers of new construction (and sellers of current home). Problem: Getting a settlement date in writing from the new construction. OK, I understand weather setbacks etc. but I need something! My sellers/buyers went into contract on their existing home in January ($70,000 w/ 2K Seller Assist) with a settlement date of 3/30/2006. We also went into contract on the new construction in January (2006) with an expected completion date of "end of March 2006". Fast forward....3/20/06, we meet the site foreman and the agent at the site and the foreman says "kitchen cabinets will be ordered this week and it will take 3-4 weeks to get them back"....WHAT...another month...then city inspections etc....OMG! I indicte to the agent and foreman that I need something in writing as far as a settlement date...."uh, OK."

In the meantime, the buyers of my clients house are ticked off. This is the buyer's proposal as of today " If settlement is between 4/23 and 5/12, we ask for an additional seller assist of $605 (rental expense and month-month conv. fee). If settlement is after 5/12/2006, we ask an additional $2000 seller assist and $1000 for each week after 5/12/2006.

My question: How can I get the Builder to commit (in writing) to a settlement date?

This is my first New Construction.


Thanks!
Angie

I am not a realtor but would highly suggest you look over the wording in their P & S Agreement. Builders will spell it out very clearly usually to their benefit timelines as well as communication of said timelines to you and your client. You likely won't have a leg to stand on, but definitely go through the contract