Capt Caveman
Lifer
Originally posted by: krunchykrome
Originally posted by: Capt Caveman
10 day lock? All of the mortgages I've received had 30-90 day rate locks. Wow, you really got taken advantage by this developer.
Did you ever get a home inspection clause put in so that you have the opportunity to pull out of the deal if there's something wrong?
You so needed a lawyer to protect your rights.
wait, im sorry, I think you misunderstood me. We can lock anytime within 45 days as long as it's at least 10 days before settlement
Our contract includes warranties, and holds them liable if anything is wrong with the house. And we also have a final walkthough with the project manager. I think it would be a good idea to hire an independent home inspector to come with us as well. They also signed an agreement to immedietly fix anything upon moving in, including dings and dents from furniture. I was never worried about issues with the house itself because I read the entire contract when we signed and I was comfortable with it.
The thing I was always uncomfortable with and that I never liked since the begining was the fact that we had no date of completion set in stone, and until that date was given, we could not lock in a rate. My fear was that they could essentially wait as long as they wanted, years if they wanted, and we could not lock in a rate until then. We had no recourse if that was the case; I argued my point until they couldn't stand me anymore but that was their firm policy and if we wanted the house, we had to accept that risk. It's not an issue now though.
Dude, I know you don't like taking our advice. BUT I highly recommended that you hire an independent home inspector to inspect your home prior to closing. Any issues then need to be listed as an amendment to the P&S with cash holdbacks. Do not expect the developer to be prompt or perform quality work when addressing any punch list issues if the developer doesn't have any incentive(cash hold back) to correct any issues.
edit - when I bought my new townhouse, I also had the standard warranty crap in the contract but after a home inspection I had a number of items added to my P&S. Upon the final walk-thru prior to the closing, I discovered a number of items were not completed. I had my closing attorney add a several cash hold-backs including money that was to go to the developer's attorney to ensure I would get my issues addressed.
If you haven't gotten one, I would highly recommend having a closing attorney to assist you if discover anything during your home inspection and final walk-thru.